family law

Question 1

Under APAA, P seeking to break prenup must show

Answer 1

1. involuntariness
2. unconscionable when it was executed
3. that there was no fair and reasonable disclosure
4. that there was not adequate knowledge of others assets

Question 2

prenups require

Answer 2

voluntariness, writing, signature, and full disclosure of assets income and liabilities

Question 3

voluntariness of a prenup requires

Answer 3

free from fraud, duress, misrep, considering experience, knowledge, council, other factors

Question 4

Child custody and support

Answer 4

clauses are always modifiable

Question 5

A marriage will be valid if

Answer 5

it was valid where created, and it doesn’t violate public policy of the state w/ greatest relationship to the Ps

Question 6

elements of a CL marr

Answer 6

1. cohabit as husband and wife,
2. agree they are married
3. hold out as married

Question 7

If either p is part of a prior mar….

Answer 7

the entire marr is void.

Question 8

putative spouse doctrine

Answer 8

a P who has a ceremony and GF belief in marr may use divorce provisions if marr is later void due to an impediment

Question 9

seperation agreements

Answer 9

invalidated in whole or part, upon finding of fraud on con (where no reasonable person would have agreed)

must be offensive at time of making

Question 10

mediated settlement

Answer 10

when a mediator participates in creating a settlement agreement, misconduct of mediator can give rise to setting aside agreement

Question 11

standards a mediator must comply with

Answer 11

impartial w/ full disclosure of bias and conf. of. interest

must recognize domestic abuse and shape process accordingly

must structure med to be fair w/ sufficient knowledge and information

Question 12

whether the appreciation of nonmarital property is subject to equitable distribution depends on

Answer 12

whetehr increase in value is due to spousal labor

Question 13

professional degrees

Answer 13

majority- a distributional property interest

cts may use equity power to award spouse reimbursement for actual contribution towards other spouses education

may be factor in alimony

Question 14

objective of equitable distribution

Answer 14

order a fair distribution of all marital property

Question 15

factors in equitable distribution

Answer 15

length of marr, age, health, earning potential, value of seperate property, standard of living and economic circumstances

Question 16

permanent vs rehabilitative spousal support

Answer 16

permanent - 15 years +
rehab - period of time till spouse receives education or employment, to enhance and improve the earning capacity of the economically dependent spouse.

Question 17

factors in spousal support

Answer 17

standard of living, time for employment or education, length of marriage, parties age and health

Question 18

What can be modified post divorce

Answer 18

support awards can be modified upon change in P circumstances, property division cannot

Question 19

What governs child support orders, and who has jdx

Answer 19

UIFSA - uniform interstate family support act

if state A issues OG support order, state B can only have jdx if all Ps now reside in state B or if Ps expressly agree

Question 20

JDX for domestic relations issue - petition to modify a property settlement

Answer 20

if one is voluntarily present and served

Question 21

Nature of child support mod

Answer 21

If there is a substantial change in circumstances RE the childs needs or parent’s finances

p requesting mod has burden to prove substantial change of circumstances

Question 22

valid grounds for change of circumstances

Answer 22

P voluntarily changing their employment != a valid change of circumstances

Question 23

Uniform child custody jdx and enforcement

Answer 23

ct has smj over custody hearings and entering or modifying custody or visitation orders if the state is:

1. childs home state, and has been for 6 months OR
2. was childs home state in past 6 months and child is absent from state, but child’s ps continue to live there

Question 24

if there is no home-state jdx for uniform child custody jurisdiction and enforcement act

Answer 24

allows a ct to enter/modify an order if

1. child and 1+ parent have signifigant connections w/ state, and
2. if there is substantial evidence in the state RE the childs care, relationships, ect.

Question 25

How custody is determined

Answer 25

1. best interests of child
2. wishes of child if sufficiently mature
3. reasons behind child’s wishes

Question 26

when non-parent is given visitaiton

Answer 26

if not against wishes of parent OR if 3P lived w/ child for an extended period and acted as a de factor parent

Question 27

can child support orders later be amended retroactively

Answer 27

no barring fraud or something similar

Question 28

Relocation of parent and child

Answer 28

a move sought in GF that will serve child’s best interest will be granted

balance impact on visitation by noncust parent vs benefits of move to child and cust parent - there are different views on this

some states put burden on relocating parent, others on objecting parent

Question 29

when do bio parents have rights?

Answer 29

generally- any time, some states require exercise w/i a time

Question 30

Rights of daddy when another P wants to adopt

Answer 30

an involved dad who demonstrates full commitment to fatherhood will likely be able to oppose adoption

Question 31

3P custody

Answer 31

must prove that parent is unfit, or that granting custody to parent would be highly detrimental to child

Question 32

jdx for dissolving a marriage

Answer 32

ct does not need jdx over both Ps, if P is domiciled in forum state or if state has long term connection to at least one P in marr, then ct has jdx

Question 33

jdx for property division order

Answer 33

must have jdx over defendant spouse to issue binding property division order