Family Law

Question 1

Ceremonial Marriage requires

Answer 1

License, Capacity, and Solemnization (ceremony)

Question 2

Common-law marriage requires

Answer 2

Agreement they are married, cohabitation, and holding themselves out as married.

Question 3

Marriages are void for what three things?

Answer 3

Prior existing marriages, Incest, and mental incapacity at the time of marriage

Question 4

Marriages are voidable for?

Answer 4

Age, impotence, intoxication, fraud, duress, or lack of intent

Question 5

Are children of an anulled marriage considered marital children?

Answer 5

Yes

Question 6

Putative marriage doctrine allows what?

Answer 6

A party of a ceremonial marriage who believed in good faith that the marriage is valid to use a state’s divorce provisions if the marriage is later found to be void

Question 7

What are the seven grounds for at fault divorce?

Answer 7

Adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, institutionalization for insanity

Question 8

What defenses are available to at fault divorce?

Answer 8

Many: recrimination, unclean hands, connivance, condonation, collusion, provocation, insanity, consent, justification, religion

Question 9

Nonmarital property includes?

Answer 9

Property acquired before the marriage, property excluded by the parties valid agreement, property acquired by gift or inheritance, and awards or settlements for causes of action accruing before the marriage

Question 10

types of alimony (spousal maintenance)

Answer 10

1. Lump sum - fixed amnt; no modification unless fraud
2. Permanent (typ. long marriage - 15+ years) - award for remainder of dependent spouse’s life
3. Limited duration (short marriage)
4. Rehabilitative (improve earning capcity) - to enhance/improve earning capacity of economically dependent spouse - limited duration (i.e. until s receives employment; education)
5. Reimbursement (rarely granted) - compensates for financial sacrifices made during marriage that resulted in reduced standard of living to secure enhanced standard of living in future
6. Palimony (only a few states) - support provided by one unmarried cohabitant after dissolution of stable, long-term relationship

Question 11

Can visitation rights be denied for nonpayment of child support?

Answer 11

No

Question 12

Can nonmarital children inherit from their father’s estate?

Answer 12

Yes, if paternity was proven prior to the fathers death, the father adopted the child, the father holds himself out as the father

Question 13

A husband can be estopped from denying his obligation to pay child support for his wife’s non-biological child when?

Answer 13

There is a representation that he would provide, the wife relied on this representation, and the wife would suffer economic detriment if he did not.

Question 14

Courts have personal jurisdiction over out of state parents for child support by?

Answer 14

The long-arm provision of the Uniform Interstate Family Support Act

Question 15

What does a child receive under the income-shares model?

Answer 15

The same proportion of parental income as if the parties continued to live togeter

Question 16

When can child support be modified?

Answer 16

There is a substantial change in circumstances

Question 17

When can child support be terminated?

Answer 17

Emancipation, child marries, or death

Question 18

What courts have jurisdiction to modify child support?

Answer 18

The court that rendered the order if that court has continuing jurisdiction, otherwise a state where there is a significant connection.

Question 19

Under the Uniform Child Custody Jurisdiction and Enforcement Act, what courts have jurisdiction to enter, modify custody or visitation orders?

Answer 19

Home state first, significant connection, default jurisdiction.

Question 20

What is the standard for determining child custody?

Answer 20

Best interest and welfare of the child.

Question 21

When does an unwed biological father have a right to contact with his child?

Answer 21

When he demonstrates a commitment to the responsibilities of parenthood

Question 22

When can a parents religious beliefs be overriden by a court for medical care?

Answer 22

When necessary to prevent serious harm to the child

Question 23

What can a separation agreement define?

Answer 23

Property divsion, spousal support, child support, custody, and visitation

Question 24

Premarital agreements are enforceable if?

Answer 24

There is full disclosure of finances, the agreement is fair and reasonable, and the agreement is voluntary. (also in writing and signed by party to be charged)

Question 25

Are provisions of a premarital agreement preventing modification of child support enforceable?

Answer 25

No

Question 26

Are provisions of a premarital agreement preventing modification of property rights and spousal support enforceable?

Answer 26

Yes

Question 27

Under the adoption and Safe Families Act, when can a state move to terminate parental rights?

Answer 27

When the child has been outside of the home and not with a relative for 15 of the past 22 months and reunification attempts have been provided

Question 28

What courts have jurisdiction for divorce and alimony?

Answer 28

Ones with personal and subject matter jx

Question 29

spousal maintenance (alimony) - definition + general rule (when is it awarded)

Answer 29

one spouse’s monetary obligation to provide the other spouse with support in the form of income

it is awarded if the recipient cannot provide for his own needs

Question 30

8 factors in considering amount of alimony

Answer 30

1. financial resources - including property to be awarded in divorce
2. child support, spouse’s earning potential, & other spouse’s ability to pay support
3. standard of living
4. time to find employment or complete any education or training necessary for a job
5. length of marriage
6. contributions to marriage - particularly those that enhanced earning potential of other spouse
7. age & physical/mental health of each spouse
8. marital misconduct

Question 31

modification of spousal support - who has burden/what standard

Answer 31

the party seeking modification typically has burden of estabalishing a significant change in circumstances in the needs of the dependengt spouse or financial abilities of obligor that warrant the modification

Question 32

result of cohabitation on spousal maintenance

Answer 32

if receiving spouse cohabits with someone who is not family, spousal support may be modified if recipient spouse’s need for support decreases as a result (not automatic)

Question 33

effect of willful or voluntary reduction in income on spousal maintenance

Answer 33

no reduction in support payments

Question 34

child’s right to support (general rule)

Answer 34

both parents, regardless of marital status, are legally required to support their minor children