Family Law

Question 1

Dissolution of Adoption

Answer 1

An adoption order works as a complete and final transfer of parental rights and responsibilities. except statutes authorizing dissolution if undisclosed mental or physical illness. courts typically look to the length of the relationship, the child’s needs, and the parent’s motives.

Question 2

Retroactive Modification of Child Support

Answer 2

federal law absolutely forbids retroactive modification of child support obligations.

state law may not ordinarily be modified unless the hardship is particularly severe.

Question 3

Modification of future support obligations

Answer 3

future support obligation must show a substantial change in circumstances. a significant involuntary income reduction. income loss is voluntary, most courts require a showing that reduction was made in good faith and not for the purpose of depriving the child or punishing the custodial parent.

Question 4

Support rights of an employable child

Answer 4

A divorced parent may be required to provide college or other educational support for a child over the age of majority, but both married and divorced parents may terminate support to employable children who disobey reasonable parental commands

Question 5

Choice of law: the premarital agreement

Answer 5

enforceability of a premarital agreement, states apply either the law of the state contract was executed or the state with the most significant relationship to the parties and the transaction.

Question 6

Enforceability of Premarital agreement

Answer 6

under the UPAA, the party against whom enforcement of a premarital agreement is sought must prove (1) involuntariness (fraud, duress or coercion) or (2) that the agreement was unconscionable when it was executed and that full disclosure of assets and obligations was not received and not waived.

Question 7

Premarital agreement regarding child support/custody

Answer 7

A premarital agreement regarding child support or custody is unenforceable if it is not in the best interest of the child.
Typically, a premarital agreement cannot bind a court deciding child support or custody.

Question 8

Accrual of marital property

Answer 8

In the majority of states, the marital property continues to accrue until a final divorce decree is entered.

Question 9

Court authority to negate parental agreements not in best interest of child

Answer 9

Parents may not enter into enforceable agreements that adversely affect the rights of their children; courts always retain authority to enter support and custody orders that are in the children’s best interests.

Question 10

Calculating child support

Answer 10

As a condition of federal funding, states must employ numerical child-support guidelines and the guidelines must be applied regardless of the parent’s marital status. The support guidelines must take into consideration all earnings and income of the noncustodial parent.

Question 11

Custody and Visitation

Answer 11

Custody and visitation disputes are governed by the court’s determination of the child’s best interests. Residential and relational continuity as well as meaningful contact with both parents are recognized as important sources of child well-being.

Question 12

Interstate enforcement and modification of child support UIFSA

Answer 12

The UIFSA states that a registered child support order issued in state A is enforceable in state B in the same manner as an order issued by a court in state B. State A has the continuing and exclusive jurisdiction to modify the child support order if State A remains the residence of the obligee, the child or the obligor (state B can enforce the state A child support order, but can’t modify it).

Question 13

Parental Kidnapping Prevention Act

Answer 13

The federal Parental Kidnapping Prevention Act (PKPA) provides that a state may not modify a custody decree issued by another state if either the child or any party continues to reside in the issuing state and the issuing state’s courts do not decline to exercise jurisdiction.

Question 14

UCCJEA: continuing Jurisdiction

Answer 14

Under the UCCJEA, a state that properly issued a custody decree retains continuing, exclusive jurisdiction until all parties and the child have left the state, or until an issuing-state court has determined that there is no longer any significant connection between the child and the person remaining in the state and that substantial evidence is no longer available in that state.

Question 15

modification of custody order: parent relocation

Answer 15

Custody order modification is permitted only when there has been a substantial change in circumstances since the original custody decree. One parent’s physical relocation that significantly impairs the other parent’s opportunity to exercise custody and visitation rights provided in the divorce decree is considered a substantial change in circumstances.

Question 16

Settlement Agreement

Answer 16

A settlement agreement resulting from fraud, overreaching, or duress may be set aside if it is substantively unfair. Some courts have also held that spouses have fiduciary obligations toward each other that continue, when one spouse is unrepresented by counsel, during the negotiation of a settlement agreement.

Question 17

impact of grounds for divorce on alimony and property division

Answer 17

In the determination of property division or alimony, most states permit consideration of financial misconduct, but only about half permit consideration of marital misconduct, such as adultery.

Question 18

martial property: degree or license

Answer 18

Almost all states have rejected the claim that a professional degree or license is property subject to division at divorce. But some states authorize “reimbursement” or “restitutional” alimony to compensate one spouse for significant contributions to the other’s education or career.

Question 19

Alimony or spousal support

Answer 19

Factors considered: the parties’ financial resources and needs, their marital contributions, and the marital duration. Some state statutes may consider spousal misconduct. In evaluating need, a court considers the standard of living enjoyed by the parties during the marriage and whether the recipient spouse will be able to achieve that level of economic self-sufficiency within a reasonable period of time following the divorce; health, the existence of separate assets, and the share of marital assets that the recipient spouse will receive.

Question 20

Marital Property Definition

Answer 20

An asset is marital if it was acquired during the marriage by any means other than gift, descent, or devise. An asset that is initially separate property may be transformed into marital property if marital funds or significant efforts by the owner-spouse enhance its value or build equity during the marriage.

Question 21

Separation agreement fraud

Answer 21

All states authorize invalidation of a separation agreement based on a finding of fraud or unconscionability with respect to asset or income misrepresentation.

Question 22

Modification of property division award

Answer 22

A property-division award, whether it results from a judicial decision or a divorce settlement agreement, may not be modified after a divorce decree has been entered.

Question 23

Conflicts of law: recognition of marriage

Answer 23

A marriage valid under the law of the place in which it was contracted is valid elsewhere unless it violates a strong public policy of the state.

Question 24

Common law marriage

Answer 24

To establish a common law marriage, the proponent must show: 1) capacity to enter into marital contract, 2) present agreement that the two parties are married, 3) cohabitation, and 4) holding out a marital relationship to the community.

Question 25

unwed fathers rights: adoption

Answer 25

An unwed father who holds himself out as the child’s father and demonstrates commitment to the responsibilities of parenthood is entitled to protection under the Due Process Clause and the state is constitutionally precluded from permitting his child’s adoption without his consent.

Question 26

UCCJEA: original jurisdiction

Answer 26

Under the UCCJEA, a child’s “home state” has exclusive jurisdiction to issue an initial custody decree. If no state has jurisdiction under the “home state” rule, a court may exercise jurisdiction over a child custody determination if the child and at least one parent have a significant connection with the state and substantial evidence is available in the state concerning the child’s care. Remember, a “home state” is a state where the child has lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. The home state has jurisdiction to issue an initial custody order even if the child is absent from the state when the custody petition is brought so long as 1) no more than six months has elapsed since the child’s departure and 2) a parent continues to live in the home state.

Question 27

custody determination: older child wishes

Answer 27

The views of a child who is mature enough to form and express a preference are given great weight in a custody determination but are typically not determinative.

Question 28

nonparent visitation of child against wishes of parent

Answer 28

A parent has a constitutionally protected interest in the care and control of her child; thus the state must give special weight to a parent’s determination of her child’s best interest when determining nonparent visitation rights.

Question 29

Best Interests Standard

Answer 29

Custody decision is based on child’s best interest factors including: 1) the wishes of the child’s parents as to his custody, 2) the wishes of the child as to his custodian, 3) the interaction of the child with his parents, siblings and others who significantly affect the child’s best interests, 4) child’s adjustment to home, school and community, and 5) the mental and physical health of all people involved.