Family Law

Question 1

Gifts in contemplation of marriage:

Answer 1

i. If the gift was conditional on a subsequent marriage you can get it back, otherwise you can’t.

Question 2

Uniform Pre-marital Agreements Act (UPMA)

Answer 2

i. In writing and signed by both spouses

ii. Agreement can be declared void if it is unconscionable.

Question 3

Child Custody: Home State

Answer 3

State where child has lived with parent or guardian for six consecutive months prior to the commencement of the proceeding.

Question 4

Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Answer 4

Ct has jurisdiction to enter a custody order if it is the home state of the child.

Question 5

Legal custody

Answer 5

Right to make parenting decisions.

Question 6

Physical custody

Answer 6

Where the kid lives.

Question 7

Uniform Inter-State Family Support Act (UIFSA)

Answer 7

iii. Provides a mechanism to prevent inconsistent orders.
1. Initial forum has continuing exclusive jurisdiction.
a. Once an order is entered – every other state must defer.
b. Lasts so long as one child or the parent continues to live in the original forum.

Question 8

How to get money from dead-beat parents

Answer 8

i. Intercept tax refunds
ii. Wage garnishments
iii. Revoke drivers license
iv. Revoke professional license
v. Held in contempt of court.
vi. Good for parents who live in forum state.

Question 9

Duty to support lasts until child:

Answer 9

reaches the age of majority

1. Has been modified to 18 or until graduation from highschool – but in no event past 19.
2. If child has disability that makes it impossible for him to be self supporting then there is a duty to support for their whole life.

Question 10

Permanent periodic payments

Answer 10

1. Indefinite.

2. Modifiable on a showing of changed circumstances.

Question 11

Lump sum payment.

Answer 11

Not modifiable

Question 12

Rehabilitative alimony

Answer 12

Limited period of time that is linked to job training or education.

Question 13

Reimbursement Alimony

Answer 13

Compensatory award where one spouse is ordered to pay the others spouse back.

Question 14

Alimony

Answer 14

a. Concept of being married is that they owe each other a reciprocal obligation of support.
i. Used to ease person into new life as single person.
ii. Not punitive
iii. Not automatic
iv. Smaller and less frequent awards.

Question 15

Equitable distribution of property

Answer 15

1. Categorize assets
2. Value assets
3. Divide assets

Question 16

Five grounds for termination of parental rights

Answer 16

i. Abandonment: Failure to communicate/support (usually stat. specified time)
1. Good for the FATHER of a non-marital child.
ii. Neglect: Failure to care for the child. Not providing food/medical
iii. Abuse: Physical
iv. Failure to pay child support
v. Severe mental illness or other personal circumstances like drug abuse.

Question 17

Value the assets

Answer 17

1. Debts can also be allocated as marital assets : negative assets
2. Value assets as close to the date of the divorce as possible.

Question 18

Divide the assets

Answer 18

a. All separate property automatically goes to owner.
b. Ct only divides the marital assets.
c. Will look at a list of factors to determine percentage of assets. Factors mentioned should be drawn from facts of the problem.

Question 19

Categorize the assets

Answer 19

a. Husband’s separate property
b. Wife’s separate property
c. Marital assets

Question 20

Marital assets

Answer 20

anything required during the pendency of the marriage by either spouse regardless of who paid for it or whose name is on the title.