family law

Question 1

when is property classified as marital property?

Answer 1

if it was earned during the marriage; unless it was acquired thru gift, bequest, devise, or descent

Question 2

what are wedding gifts classified as?

Answer 2

marital property

Question 3

how is marital property divded at divorce?

Answer 3

doesn’t have 2b equally, can be equitable

Question 4

what is the purpose of spousal support?

Answer 4

to ensure an adequate income stream for a spouse whose economic dependency resulted from the marital relationship

Question 5

marital fault re: award?

Answer 5

states vary

Question 6

what are the factors the court considers when calculating a marital award?

Answer 6

 The standard of living during the marriage
 The duration of the marriage
 The age and physical and emotional conditions of both parties
 The financial resources of each party
 The contribution of each party to the marriag,e including homemaking, childcare, education and career building of the other party
 The time needed to obtain education or training to enable either party to find appropriate employment

Question 7

when is permanent support awarded to a spouse?

Answer 7

when a spouse has neither the means nor the ability to be self-sustaining

Question 8

what is child support generally based on? what states generally have?

Answer 8

the needs of the child and the obligor’s ability to pay; guidelines based on the child’s ages, # of children, and obligor’s abilty to pay – the court may deviate from the guidelines but must make findings of fact to justify deviation