Family Law

Question 1

fraud on the spouse doctrine

Answer 1

relation of the donor to the donee

size of the gifts in relation to the donor estate

Question 2

factors considered in just and right division

Answer 2

fault of spouse in breakup of the marriage

Question 3

amount of child support

Answer 3

start at 20% then go up to 40%

Question 4

comm property presumption

Answer 4

any property owned at marriage is presumed to be CP

You must show not CP by clear and convincing evidence

Question 5

comm property presumption for assets purchased on credit

Answer 5

presumption is credit comm credit unless

(1) lender recourse only to the sep property of the borrowing spouse
(2) loan immediately paid off with proceeds from tens ale of SP

Question 6

what are some of the Holley “best interest” factors (remember, presumption JMC that can be rebutted by showing not in best interests)

Answer 6

whether the NEEDS of the child will benefit from appt of both parent as JMCs

ABILITY of parents to give priority co welfare of the child and reach shared decisions in child’s best interest

whether each parent can encourage a POSITIVE RELATIONSHIP between the child and the other parent

whether both parents participated in CHILDREARING before suit filing

CHILD PREFERENCE if over 12

Question 7

standard child custody order

Answer 7

if parents live within 100 miles of each other, the non-custody parent gets possession of the child from 6 pm to 8 pm every Thursday during the school year every other weekend, and one month during the summer