Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Bar Exam > Family Law > Flashcards

Family Law Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards
1
Q

Who cannot get married?

A
  1. Minors under 18 (unless emancipated)
  2. People already married
  3. Relatives
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

AG has opined that County Clerks, judges, and government officials may refuse to issue a same sex marriage license/conduct marriage ceremonies:

A
  1. Doing so would violate a sincerely held religious beliefs

2. Another official is willing to conduct the ceremony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Ceremonial Marriage: Traditional Path

A

Step 1: Get marriage license

Step 2: Find authorized person to perform ceremony

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Who is authorized to perform a wedding ceremony?

A
  1. Minister
  2. Rabbi
  3. Judge
  4. Quaker community
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When will a marriage be valid that did not follow the traditional steps?

A
  1. There was a reasonable appearance of authority (e.g. mayor)
  2. At least one party acted in good faith
  3. Neither party is a minor
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

First cousin marriages not void if:

A
  1. Entered into before 2005 (law changed)

2. Married in another state

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Inofrmal Marriage Requirements

A
  1. No minors
  2. Agreement to be married (rebuttable presumption they had not agreed if couple separated and ceased living together for 2 years without filing suit)
  3. Within TX, the couple represented to others that they were married
  4. Within TX, the couple cohabitated
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Benefit of Declaration of Informal Marriage

A

Couple can backdate start of the marriage

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Grounds for Annulment

A
  1. Aged 16 or 17 without parental consent or court order (SoL for guardian: Anytime before 18; for child’s next friend: 90 days)
  2. Divorced less than 30 days before marriage and concealed that fact (SoL 1 year)
  3. Impotency
  4. Incompetency
  5. Fraud, duress, force
  6. Under the influence
  7. Marriage took place within 72-hour waiting period after marriage license obtained

For 2-6, no annulment if couple cohabitated after relevant facts were discovered.

Granting of annulment at court’s discretion (pregnancy might prevent)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Exceptions to allowing annulment for marriage within 72-hour waiting period

A
  1. One party is on active duty in the armed forces
  2. Waiting period waived by court
  3. Spouses completed a premarital education course within the year
    SoL-30 days
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Where to file for divorce?

A

Must have been domiciled in TX for 6 months to file in TX (unless other spouse meets this requirement herself)

Venue: The county where one spouse has resided for 90 days

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What must be filed for a divorce?

A
  1. Petition stating whether protective order is in effect

2. If there are minor children of the marriage, parties must join Suit Affecting Parent Child Relationship (SAPCR)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

No-Fault Grounds for Divorce

A

The marriage has become insupportable because of discord or conflict of personalities that destroyes the legitimate ends of the marriage relation and prevents any reasonable expectation of reconciliation.

Court can grant divorce or order counseling to determine whether there is a reasonable expectation of reconciliation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Fault Grounds for Divorce

A

Cruel treatment, adultery, felony conviction, abandoment for more than 1 year, living apart for 3 years, confinement within mental hospital for 3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Divorce Caveats

A
  1. Cannot be finalized until the court divides CP

2. If spouse does not appear at hearings after notice, judge can still enter temporary orders or default divorce decree

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

A court may order mediation. Mediation is binding if:

A
  1. It states in bold, caps, or underline, that it is not subject to revocation
  2. Signed by both parties AND the parties’ attorneys who were present (if any)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When do parties not have a right to a judgment on the terms of the mediated agreement?

A

A court may decline if the agreement is not in the child’s best interests AND

  1. Family violence impaired the party’s ability to make decisions, or
  2. the agreement would allow any of the following to reside with or have unsupervised access to the child
    a. Registered sex offender (who was older than 17 at time of offese
    b. a person who has a history or pattern of past or present physical or sexual abuse against any person
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Collaborative Family Law Act (CFLA)

A

Parties and their attorneys can agree in writing to use their best efforts and make a good faith attempt to resolve the dispute

Attorneys must agree to withdraw if no agreement is reached

Exception: Emergency orders

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

After CFLA agreement is signed, court must:

A
  1. Suspend any court intervention

2. Enter judgment on the terms of settlement when reached

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Timeline for parties under CFLA:

A
  1. Parties must provide court w status report after 180 days

2. 2 years to reach a settlement–after this, case can be set for trial or dismissed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Primary consideration in child custody determinations?

A

Best interest of the child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Courts can take TX public policy into account to

A
  1. Ensure frequent contact with parents who act in the child’s best interests
  2. Provide a safe, stable, non-violent home environment
  3. Encourage parents to share the rights and duties of parenthood
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Holley Factors:

A

Determine best interests.

  1. Desire of children
  2. Emotional and physical needs of children now and in the future
  3. Emotional and physical danger to the children now and in the future
  4. Parental abilities of each individual seeking custody
  5. Plans for the children
  6. Stability of the home
  7. Acts or ommissions of the parents which may indicate that the existing parent-child relationship is not proper
  8. Any excuse for those acts or omissions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Other factors the court SHALL consider to determine best interests of the child:

A
  1. Family violence, child abuse or neglect
  2. False reports of child abuse
  3. Intentional use of force within 2 years against a spouse, child, or child’s parent
  4. Whether protective order has been issued against a party

In a non jury trial, if requested, court must interview children 12 or older and may interview younger children

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

Prohibited factors when analyzing best interest of the child:

A
  1. Sex
  2. Marital status
  3. Race
  4. Religion (except immoral, illegal, or harmful religious beliefs)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Joint Managing Conservator (JMC)

A

Each party has legal rights to make important decisions for the child.

Appointment of JMCs does not require equal or nearly equal physical possession of the child.

One can be given exclusive right to make certain decisions, and one must be given right to determine the child’s primary residence.

Rebuttable presumption this is in the best interest of the child.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

Which JMC can be ordered to pay child support?

A

Either/both

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

Geographical restrictions for JMC

A

Court must establish the geographical area of primary residence or specify that the JMC who has the right to determine the child’s primary residence can do so without geographical restrictions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

Factors court will consider to determine whether to order JMC

A
  1. Whether parents have ability to reach shared decisions
  2. Whether they can encourage and accept a positive relationship between child and other parent
  3. Whether both parents participated in child rearing before the suit was filed
  4. Geographic proximity of parents’ homes
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

Court may not appoint JMCs if:

A

Credible evidence is presented of a history or pattern of past or present child neglect, or physical or sexual absue by one parent directed against the other, a spouse, or a child.

This also creates a presumption against appointing that parent as managing conservator.

One past act can constitute a history or pattern.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

Managing & Possessory COnservators

A

Managing Conservator - Has “custody,” right to make major decisions for the child and determine primary residence

Possessory Conservator - Has visitation rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

What do courts require to split up siblings?

A

Clear and compelling reasons

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

Parental Presumption

A

A parent must be appointed MC, or both parents must be appointed JMCs unless the court finds that this would not be in the best interests of the child because it would significantly impair the child’s physical health or emotional development.

Does not apply to modification proceedings.

Similar presumption favors appointing parent as PC if not named MC or JMC

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

Parental Presumption rebutted if:

A
  1. Parent has voluntarily relinquished actual care control and possession to a nonparent for 1 year, a portion of which was 90 days preceeding filing of suit AND
  2. In child’s best interest
35
Q

Who has standing to file an original SAPCR

A
  1. Parent
  2. Guardian
  3. Child (through authorized representative)
  4. TDFPS
  5. Alleged father
  6. Foster parent of at least 1 year ending less than 90 days from date the petition was filed
  7. Grandparent or other relative of the child (within 3 degrees of consanguinity), if:
    a. Both parents are dead, or
    b. Both parents or surviving parent consents, or
    c. Relative provides satisfactory proof that present circumstances significantly impair the child’s physical health or emotional development (either by preponderance of evidence or that there is a significant fact issue on the matter)
36
Q

Standard Possession Order for parents who live within 100 miles of each other

A

Non custodial parent gets possession:

  1. 6PM Fri-Sun on 1, 3 and 5 weekend each month
  2. 6-8 Thu night during school year
  3. 30 days over summer
  4. Alternating spring breaks

This is more flexible when child is under 3 years old

37
Q

If there is a history or pattern of family violence within 2 years before the suit was filed, the court cannot allow a parent to have access to the child unless the court finds that access is in the child’s best interest and:

A
  1. Finds that awarding access will not endanger the child AND
  2. Enters a possession order that is designed to protect the safety and wellbeing of the child and any person who has been the victim
38
Q

There is a rebuttable presumption that it is not in the best interest of a child for a parent to have unsupervised visitation with the child if credible evidence is presented of a history or pattern of past or present child neglect or abuse or family violence by:

A
  1. Parents
  2. Any person who resided in that parent’s household
  3. Anyone permitted to have unsupervised access to the child
39
Q

Post-Judgment Temporary Orders Pending Appeal

A

After notice and hearing, a court can make temporary orders while appeal is pending to protect the safety and welfare of the child

No bond or finding or irreparable injury is required.

Orders can be modified if circumstances of one party have materially and substantially changed.

Court has jurisdiction for 60 days from first notice of appeal.

40
Q

Under what conditions may a court modify an order that provides for conservatorship or possession and access?

A

The modification is in the best interests of the child AND

  1. circumstances have materially and substantially changed since the date of rendition or signing of a mediated settlement agreement, OR
  2. A child aged 12 or older has expressed the name of the parent he wants to have power to determine his primary residence, OR
  3. The conservator with exclusive right to designate primary residence has voluntarily relinquished primary care and possession of the child to another for at least 6 months
41
Q

Where do we file modification proceeding?

A

In court of continuing exclusive jurisdiction

42
Q

Additional Requirements for modifying conservatorship if spouse seeks modification within one year and seeks to change which parent has exclusive right to determine primary residence:

A
  1. The child’s present environment may endanger his physical health or signifcantly impair his emotional development, or
  2. Person who has exclusive right is the one seeking or consenting to the modification and it is in the child’s best interest
  3. The person who has exclusive right has voluntarily relinquished primary care and possession of the child for at least 6 months and modification is in the best interest of the child
43
Q

Grandparents can obtain court-ordered visitation if:

A
  1. The child’s physical health or emotional wellbeing will be significantly impaired if GP is denied possession or access (sadness not sufficient)
  2. At least one of the child’s parents has not had their parental rights terminated, and
  3. The GP is the biological or adoptive parent of one of the child’s parents, and
  4. The grandparent’s son or daughter:
    a. has been incarcerated for 3 months before the petition is filed
    b. is incompetent
    c. is dead, or
    d. does not have actual or court-ordered possession of the child, and
    e. the child’s remaining parent intends to completely deny the GP possession and access
44
Q

The sole issue in a habeas corpus proceeding is:

A

Whether there’s a custody order.

Brought in county in which the child is found or CCEJ

45
Q

When does a TX court acquire continuing exclusive jurisdiction

A

When a final order in a child custody or visitation matter is rendered (except dismissal of SAPCR, order finding alleged father is not the father, and final order of adoption)

46
Q

Tort: Interference with Child Custody

A

A person commits this tort when they retain possession of a child or conceal the whereabouts of a child in violation of a court order.

47
Q

Contempt

A

Available for violations of TX custody orders. Quasi criminal.

48
Q

UCCJEA (interstate custody enforcement)

A

Meant to avoid jurisdictional disputes and facilitate interstate enforcement of custody and visitation orders

Provides jurisdiction to issue initial custody order and remedies for their violation in an interstate context

Once initial custody order is entered, the court has Continuing Exclusive Jurisdiction until all relevant parties leave the state, and the court determines that neither the parent or child have a significant connection with the state

49
Q

Jurisdiction to Issue Initial Custody Order under UCCJEA

A
  1. State with home state jurisdiction
  2. State with significant connection to the child or substantial evidence regarding child’s care, protection, training, and personal relationships
  3. This state, if other states with jurisdiction decline on the basis that this one is a more appropriate forum, or if no other state has jurisdiction
50
Q

UCCJEA Remedies

A
  1. Registration of out-of-state custody orders in new state
  2. Expedited enforcement
  3. Warrant to take immediate possession if child is likely to suffer serious physical harm or be removed from the state
51
Q

Modifying Custody and Visitation Orders under UCCJEA

A

To change the proceeding to a court other than the CCEJ, party must show that:

  1. Current forum is inconvenient forum, AND
  2. Neither parent nor child has a significant connection with the state, AND
  3. substantial evidence about the child’s care, protection, training, and personal relationships is no longer available in the state
52
Q

Statutory Child Support Guidelines

A

Apply to first $8,550 of net resources per month. More can be awarded but only to the extent necessary to meet the proven needs of the child.

Can be based on earning potential if obligor is un- or under-employed.

Presumed to be in best interests of child.

1 Child: 20% of obligor’s net resources

Add 5% for each additional child up to 5 (40%)

Net resources includes all cash revenue minus taxes, union dues, and insurance paid for obligor’s children.

Does not include TANF, federal public assistance, or foster care payments

53
Q

When can court deviate from child support guidelines?

A

At its discretion based on any relevant factor. Court must:

  1. State why guideline amount is unjust or inappropriate
  2. Provide net resources of obligor and obligee and percentage applied to obligor’s net resources
  3. Provide specific reasons for varying from the guidelines
54
Q

When does child support terminate?

A

At the later of two dates: 1) Child’s 18th birthday, 2) Child graduates from HS, or 3) When the child dies, is emancipated, or married.

Exception for children disabled before 18 who are not capable of self-support.

55
Q

When may a court modify a child support order?

A
  1. Circumstances of the parent or child have materially and substantially changed
  2. 3 years have elapsed and current child support deviates from guidelines by greater of $100 or 20%
56
Q

Uniform Interstate Family Support Act (UIFSA)

A

When parent and child have moved out of state with CEJ, motion to modify child support must be filed in the CCEJ and must be transferred to new county if other parent moves but remains in state with CEJ

57
Q

Means for Enforcing Child Support

A
  1. Mandatory withholding (for good cause shown or agreement of parties; max. 50%)
  2. License suspension if 3 months in arrears
  3. Liens can attach to obligor’s non-exempt personal property and non-homestead real property
  4. Money judgments (payments not timely made automatically become judgments for the amount due)
  5. Freezing assets
  6. Contempt (up to $500 fine and 6 months in jail)
58
Q

Protection from Despicable Partners

A

Requires a showing of Family Violence.

Remedies include, Temporary ex Parte Orders; Protective Orders; Temporary Injunctions and Temporary Restraining Orders

59
Q

What acts constitute family violence?

A
  1. An act intended to result in physical harm, bodily injury, assault, sexual assault, or
  2. A threat that reasonably places the victim in fear of imminent harm

Defensive measures and corporal punishment for the reasonable discipline of a child are not included.

60
Q

Temporary ex Parte Order (TPO)

A

Requires a clear and present danger of family violence and a sworn affidavit

Duration: 20 days

Court has broad power to fashion relief, including protecting people, protecting property, and protecting parenting

Cannot grant 1) payment of child support, 2) attorney’s fees, or 3) order for counseling

61
Q

Protective Order

A

Requires notice and hearing and a finding that 1) family violence occurred and is likely to occur in the future, or 2) the respondent violated a prior protective order

Duration: Not to exceed 2 years, unless;

a. Subject caused serious bodily injury
b. subject of 2 or more PO’s for the same applicant
c. Committed a felony involving family violence

Court can order subject to perform acts “appropriate to prevent or reduce the likelihood of family violence” including ordering child support, attorney’s fees, and counseling

62
Q

Temporary Injunctions and Temporary Restraining Orders

A

If people have a pending SAPCR or suit for the dissolution of their marriage, they can file for a TI and a TRO

TRO: Protects people, property, and parenting for 14 days

TI: Offers same relief as a TRO, plus ability to grant exclusive possession of the residence, payment of child support, attorney’s fees, and counseling.

Duration: Until final judgment is rendered

63
Q

When can TDFPS take possession of a child without a court order?

A

When they receive information that would lead a reasonable person of ordinary prudence and caution to believe the child was a victim of sexual abuse or is in immediate danger, and there is no time to obtain a temporary restraining order.

Must file SAPCR and obtain ex parte hearing within one working day and show there is a continuing danger to the physical health or safety of the child and reasonable efforts were made to prevent the need for removal.

64
Q

How can TDFPS obtain a court order to remove a child without notice and a full hearing?

A

Show there is no time for a full hearing and continuation for the child in the home would be contrary to the child’s welfare, and reasonable efforts were made to prevent the need for removal, and there is an immediate danger to the child or the child has been a victim of neglect or sexual abuse.

To retain child at adversarial hearing, TDFPS must provide sufficient evidence to satisfy a person of ordinary prudence and caution that there was danger to the physical health or safety of the child caused by the parent, that reasonable efforts were made to prevent the need for removal, and despite the reasonable efforts, there is a substantial risk of a continuing danger if the child is returned home.

65
Q

Termination of Parental Rights: Grounds

A

Must be proven by clear and convincing evidence

  1. Abandonment
  2. Abuse
  3. Neglect
  4. Endangerment
  5. Imprisonment for 2 years
  6. Culpable acts toward the child or other children
  7. Failure to support the child for one year
  8. Use of a controlled substance
66
Q

Presumed Fathers

A

A man is presumed to be the father of a child if:

  1. Child was born within 300 days of marriage
  2. He married the other after the child’s birth and 1) acknowledged paternity with BVS, or 2) promised in a record to support the child, or 3) was voluntarily named on the birth certificate
  3. During the first 2 years of the child’s life, he resided with the child and represented to others the child was his
67
Q

Who has standing to bring a suit to adjudicate parentage?

A

Child, Mother, father, alleged father, or support agency.

Or, if mother is deceased, also the mother’s parents, grandparents, children, grandchildren, and siblings.

Venue: Where child is found or where respondent resides

68
Q

Acknowledged Fathers

A

Mother and alleged father can sign and file an acknowledgement of paternity. This has the same effect as a judicial determination that the alleged father is the father.

69
Q

Adjudicated Fathers

A

Man whose parentage has been adjudicated in a paternity suit

70
Q

Retroactive Child Support

A

Presumption that it is in the BIOC to provide an amount not to exceed 4 years of retroactive child support, unless the actual father should have known he was the father and sought to avoid his child support obligation.

71
Q

Ousting Presumed Fathers

A

Uncontested Cases - A presumed father can eliminate his rights and obligations by providing a written denial of paternity and a written acknowledgement of paternity signed by the mother and another man

Contested Cases - Paternity can be challenged within 4 years, unless the presumed father and mother of the child did not live together or engage in sexual intercourse during the probable time of conception, or the presumed father was precluded from commencing a proceeding because of the mistaken belief that he was the biological father based on misrepresentations.

72
Q

Ousting Acknowledged Fathers

A
  1. Acknowledged father or mother can rescind acknowledgement under certain conditions
  2. Acknowledged father can terminate parentage if a) he was under a mistaken belief based on misrepresentations, b) he is not the genetic father, and c) he brings termination suit within 2 years of becoming aware of the relevant facts
  3. An alleged father or anyone other than the child and signatories to the acknowledgement who has standing to challenge paternity can do so within 4 years of acknowledgement
73
Q

A child may be adopted if:

A
  1. Both parents have died
  2. The parent-child relationship of each living parent has been terminated or a suit for termination is joined with the adoption
  3. a stepparent wants to adopt a stepchild
  4. The child is at least 2 years old and the parent-child relationship has been terminated with respect to one parent AND a) the person seeking adoption has been a MC or had actual care, possession, and control of the child for 6 months preceding the adoption and the non-terminated parent consents, OR b) the former step parent is seeking adoption and has been MC or had actual care, possession and control for 1 year
74
Q

Relinquishing Parentage

A

Mother: Can sign an Affidavit of Relinquishment which will lay the predicate for a consent decree terminating the parent-child relationship. Cannot be signed until 48 hours after birth.

Father: Can sign a waiver of interest in the child, or if already has parental rights, can file an Affidavit of Relinquishment

75
Q

Adoptive Parents

A

Must obtain pre-placement and post-placement portion of adoption evaluation, a report showing the adoptive parents’ criminal records, and a SHEG report.

TDFPS consent required if there is a MC

Decree of adoption will not be entered until child has resided with adoptive parents for 6 months unless doing so would be in the BIOC

76
Q

Adopted Child

A

If 12 or older, must give written consent to adoption, unless the court waives this requirement

77
Q

Authorized Adult Caregivers

A

Default non-parent caregivers include grandparents, siblings, aunts and uncles, SAPCR, and the court.

However parents can authorize another adult to consent for the child in a signed, notarized writing. Valid for 6 months but automatically renews.

78
Q

Removal of Disability of a Minor

A

Minor has the legal capacities of an adult either for general purposes or limited purposes.

17 year olds: Must be TX resident and self-supporting and managing their own financial affairs, and removal of legal incapacities is in the minor’s best interests

16 year olds: Same rule as for 17 year olds, but minor must also be living spearate and apart from parents, MC or guardian

79
Q

A TPO ordering the eviction of a spouse from a family home may be issued only if:

A

The applicant appears personally and files a sworn affidavit including:

(i) a detailed description of the facts supporting the TPO; (ii) the victim either resides on the premises or has resided there within 30 days prior to filing the application;
(iii) the person to be evicted has within the 30 days prior committed family violence; and
(iv) there is a clear and present danger that the person to be evicted is likely to commit family violence again against a member of the household.

80
Q

An order granting access to a child by a grandparent that is rendered over a parent’s objection must state that:

A

(i) at least one parent’s parental rights had not been terminated;
(ii) denial of access would significantly impair the child’s physical health or emotional well-being; and
(iii) the grandparent is the parent of the child’s parent who has been incarcerated during the three-month period prior to filing, or has been found to be incompetent, or does not have actual or court-ordered possession of or access to the child, or is dead.

Special weight is given to a fit parent’s decision regarding visitation rights of a grandparent. A parent who contests such visitation is presumptively acting in the child’s best interest.

81
Q

Examples of material and substantial changes in circumstances for which the court may modify a child support order include:

A

Birth or adoption of additional children, illness or injury to the obligor affecting his earning capacity, illness or injury to the child that results in a special need, and release of the obligor from prison

82
Q

A child support lien attaches to which of the obligor’s property?

A

All of the obligor’s real property, other than homestead property, and to all personal property that is not exempt from creditors’ claims, including claims for negligence or personal injury. The lien also automatically attaches to property acquired in the future.

83
Q

What, specifically, must the court state in its findings of fact to stray from the statutory support guidelines?

A

(1) the monthly net resources of the mother;
(2) the monthly net resources of the father;
(3) the percentage the court actually applied to the mother’s net resources; and
(4) the specific reasons the amount of child support ordered by the court varied from the amount prescribed under the guidelines.

Duty imposed by the TFC

Bar Exam (15 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions