Family Law

Question 1

Full Faith and Credit for Child Support Orders Act

Answer 1

FF&C must be given to another court’s child support order if the court had jdx over the matter and the parties, and the parties had reasonable notice and opportunity to be heard

Question 2

Parental Kidnapping Prevention Act- custody order modification

Answer 2

A state may not modify a custody order if one of the parties continues to reside in the issuing state and under that state’s laws, the court continues to have and does not decline jdx

Question 3

Jdx under UCCJEA

Answer 3

The court that made the initial custody determination has continuing, exclusive jdx over matter until that court determines that: neither the child noe the parents continue to reside in the state, or the child no longer has a significant connection with the state and substantial evidence relating to the child’s care, protection, training, and personal relationships is no longer available in the state

Question 4

Can child support be modified retoractively?

Answer 4

No

Question 5

Property division jdx

Answer 5

Generally, a court cannot determine out-of-state property rights or rights to support unless it has jdx over both parties.

Question 6

Ex parte divorce

Answer 6

The court can grant the divorce but cannot award spousal support or divide out-of-state property. There is a limited exception for marital property located within the state

Question 7

Jdx over divorce action

Answer 7

To establish jdx over a divorce action, one of the parties must be a bona fide resident of the jdx where the action is brought

Question 8

No fault divorce grounds

Answer 8

Showing that the marriage is irretrievably broken and that the parties have been living separate and apart for a specified period of time. The fact that one spouse thinks the marriage should be saved and does not agree that it has broken down is generally insufficient to prevent a divorce of the other spouse believes marriage cannot be saved and is not interest in cont

Question 9

Property titled in one spouses name

Answer 9

Courts have authority to order equitable distribution of all marital property no matter how title is held. All assets acquired during marriage are deemed marital property unless acquired through gift, bequest, devise, or decent.

If property is acquired before M but paid for with M funds most courts will approtion the property between separate and marital in proportion to the contribution of separate and marital funds used to pay for the property