Family Law Flashcards
Full faith and Credit for child support awards
States are required to give full faith and credit to child support from other States. UIFSA provides a simple procedure for the registration of a child support of another state. The order is then enforced in the same manner as an order issued by the registering state.
Modification of Child Support Order
Each state shall not seek or make a modification of a child support order.
However, a court in another state may modify the child support order if the parties have
(1) moved out of the state of exclusive jurisdiction
(2) or the parties have consented
When can a modification of Child support be made
Only upon a showing of a
(1) SUBSTANTIAlL and
(2) CONTINUING
change in circumstances making the prior order unreasonable
Burden is on the party requesting modification and is a heavy one.
When can a modification of Child Support be Made
Upon a showing of substantial and continuing change in circumstances making the prior order unreasonable. Courts also analyze the good faith of the party asking for modification.
State order a valid divorce decree?
A state court can enter a valid divorce decree as long as one of the spouses was domiciled in that state.
Domicile is based on residence with the intent to remain there permanently.
“Child at Home State”
A home state has exclusive jurisdiction over a custody action involving the child. A home state is the state in which a child lived with a parent for at least six consecutive months before the custody proceeding.
If no notice to other parent about moving to another state, cannot establish a new home state.
Court can’t adjudicate property rights and support rights when?
When it issues a divorce decree based on the domicile of the plaintiff and without personal jurisdiction of the defendant.
How can a state court not exercise personal jurisdiction over a defendant
When the defendant does not have minimum contacts with the forum state.
Temporary visits, even when the marriage is during a temporary visit, do not satisfy it.
Fault Divorces
A divorce may typically be granted on the ground of cruelty or similar concept, such as abuse or bodily harm. The abuse must be physical and continuous, or a single severe act that results in cruelty.
A custody decision is based on?
determination of the Childs best interest. Some of the best interest factors are
- Wishes of the Childs parents
- the Childs primary caretaker
- stability
Most states also consider violence and a parent guilty of domestic abuse should not get custody.
Spousal support is limited by?
Spousal support is limited by nonintervention, which does not allow judicial intervention in an intact family
Putative Spouse- Doctrine
permits a would-be-spouse, who participated in a marriage ceremony with a good-faith but mistaken belief in its validity, to be treated like a spouse for purposes of equitable distribution.
Parents reasons for objecting to visitation with third party.
A fit parent is presumed to act in the best interest of her children, and courts are constitutionally required to give “special weight: to a parent’s reasons for objecting to visitation with a third party before overriding the parent’s objection and granting visitation.
Voluntarily factors for pre-marital agreement
Fraud
Duress
Coercion
Divisible- Marital Property
An asset that is initially separate property may be partially transformed into divisible marital property if marital funds or significant effort by the owner-spouse enhance its value or build equity.
