Family Law Fall 2024 Flashcards
1
Q
What matters go straight to hearings?
A
- Alimony
- Child support
- Contempt
- Enforcement
2
Q
When and why do parties have a scheduled conference?
A
- To see if they need additional services
- To get trial dates
- To see if they have any agreements
3
Q
What types of services may be ordered at a scheduling conference?
A
- Parenting classes
- Mental health treatment - psych eval or health eval
- Drug and alcohol rehabilitation
- Mediation services
- Custody evaluations
- Home studies
- Supervised visitation
- Monitored exchange
4
Q
- Mother and Father file cross complaints for custody. Mother alleges that Father smokes weed daily and was recently charged with a DUI. She also alleges that Father live sin the basement of friend’s home and when he sees minor child, they share a bed. Father alleges that Mother keeps Minor Child from him, has threatened to slash his tires, is crazy and does not send Minor Child to kindergarten. As an attorney in the case, what services would you request?
A
- Parenting classes
- Mediation
- Drug rehabilitation services
- Custody evaluations
- Home study on the Father’s place
- Mental health services
5
Q
Who hears a divorce case with contested property and custody issues?
A
Judge
6
Q
Who hears a modification of alimony and custody case?
A
Judge because magistrates cannot establish anything
7
Q
Father and MC have lived in Delaware for 3 years. Mother has lived in Maryland since she and Father separated. Mother files for custody. What is the home state for minor child?
A
Delaware
8
Q
- Wife lives and works in Baltimore City. Husband lives and works in Harford County. The parties were married in Baltimore County. What county has proper venue?
A
All of them
9
Q
- Wife lives and works in Baltimore City. Husband lives and works in Harford County. The parties were married in Baltimore County. Wife files complaint for absolute divorce in Baltimore City on May 30, 2016. Husband files complaint for divorce on July 1, 2016 in Harford County. He also files an answer to wife’s complaint on June 24, 2016.
A
Baltimore City has proper jurisdiction because we don’t even know if wife has been served or not.
10
Q
What are the three requirements of a valid marriage in Maryland?
A
- Age
- Marriage ceremony
- Marriage certificate
11
Q
What is the youngest age of someone to be in order to get married in Maryland?
A
17
12
Q
What are the requirements for marriage if you are 17?
A
Permission from one parent OR doctors note saying the woman is pregnant or gave birth
13
Q
How long is a marriage license valid for?
A
6 months
14
Q
Is there a waiting period once a marriage license is issued before the individuals can get married
A
48 hours
15
Q
Does Maryland require a blood test to get a marriage license?
A
No
16
Q
Who can marry you?
A
- religious official
- clerk of the court
- anyone that gets ordained off the Internet
17
Q
What are some benefits of marriage?
A
- Tax purposes
- Health insurance
- Worker’s comp
- Child support/custody/visitation
- Wills
- Inheritance and property rights
- Adoption rights
- Death certificate
- Right of survivorship
- Access to healthcare
- Hospital access
18
Q
When did same sex marriage become legal in Maryland?
A
January 1, 2013
19
Q
What does it mean that a marriage is voidable?
A
Marriage with defect but can be ratified
20
Q
When a marriage is voidable, does it matter how long the parties have been married to each other?
A
No
21
Q
What is a void marriage?
A
Always invalid and can never be fixed
22
Q
Can a void marriage ever be cured?
A
No
23
Q
Name people that you cannot marry in Maryland
A
- Father
- Mother
- Sister
- Brother
- Grandparent
- Aunt
- Uncle
- Child
24
Q
How do you prove you are married?
A
- Production of marriage certificate
- Church recrods
- How you hold yourselves out
25
Prior to 1841 - who had the authority to grant a divorce?
Legislature
26
What are the two types of divorces in Maryland?
Limited and Absolute
27
What are the three restrictions of a limited divorce?
1. You can't remarry
2. You can't change your name
3. You can't divide the property
28
Prior to October 1, 2023, what are the eight grounds for an absolute divorce
1. Adultery
2. Desertion
3. Conviction of a felony/misdemeanor
4. Insanity
5. Cruelty of treatment
6. Excessive vicious conduct
7. 12 month separation
8. Mutual consent
29
What are the requirements for a six month separation
1. No cohabitation
2. No hope for reconciliation
3. Six months without interruption
30
What are the requirements for mutual consent
1. Written settlement agreement
2. Either party cannot have asked to set aside the agreement
31
What issues are put into a written settlement agreement
1. alimony
2. custody
3. child support
4. property
5. retirement/pensions
6. use and possession
32
what is the fine for adultery
10 dollars
33
when does Maryland have jurisdiction over a non Maryland resident
1. If they are served in the state that has Maryland rules
2. Where the marriage took place is in Maryland
3. Waiver
4. Alimony/child support obligation
34
Where is venue proper for divorce?
Where the defendant resides or where the defendant works
35
What are three things that might stay a divorce proceeding
1. Bankruptcy
2. defendant is service or military member
3. collaborative law
36
can a husband require ex wife to resume her maiden name
no
37
what is an annulment
order saying the marriage doesn't exist and didn't exist
38
what type of marriages are annulled
void marriages
39
what is ratification
voidable marriage and you can fix whatever is voidable to make it valid
40
what are the requirements for irreconcilable differences?
There is no case law yet, but it is based on the reasons stated by the complainant for permanent termination of marriage
41
How many months do you have to petition the court to return back to a former name after a divorce proceeding?
18 months
42
What are the two Maryland statutes that can determine paternity
family law and estates and trusts
43
which statute gives the court discretion to order genetic testing
estates and trusts
44
which statute require the court to determine what is in the best interest of child before ordering genetic testing
estates and trusts
45
How was paternity determined in the 18th century
bring child to the court to see if the child looked like the presumed father
46
what is the presumption of parentage standard
if child is born during marriage - then it is the child of both parents
47
how is paternity determined when parties are unmarried?
1. affidavit of parentage
2. through a court order
3. how you hold yourself out to be
4. marrying the mom after the fact and accepting the kid
48
What are the factors that the court should consider when determining if it is in the best interest of the child to order paternity testing?
1. Stability of current home environment
2. Whether there is an ongoing family unit
3. Child’s physical, mental and emotional needs
4. Child’s past relationship with the putative father
5. Child’s ability to ascertain genetic information for medical treatment or genealogical history
49
How many days do individuals have to rescind an Affidavit of Parentage
60 days
50
What are three types of adoption?
Public, Independent, Private
51
If the parent who does not consent is still alive, the court can still grant the adoption if what exists?
Notice to the birth parent
52
If a child is what age, the child's consent is necessary for the adoption?
10
53
If an adoption through a public agency the parents can revoke consent within how many days?
30 days
54
In an independent adoption - parents can revoke consent within how many days?
14 days
55
In a private adoption - parents can revoke consent within how many days
30 days
56
Can a child file to emancipate from his or her parents
No
57
What are the four ways that emancipation occur
1. reaching age of 18
2. marriage
3. military
4. gives up
58
Before a child can be emancipated, the child must be what?
self supporting
59
Is a child emancipated when he or she has a baby
No
60
Before a minor can have an abortion, what must occur?
Notice to parent of minor child unless notice would not be in the best interest of child
61
Before a minor child can have an abortion must a parent consent
no
62
When does Maryland have jurisdiction over a child to make an initial custody determination?
1. When the child lives there
2. Another court doesn't have jurisdiction or refuses to continue jurisdiction
3. Child has lived in the state of Maryland for 6 months prior to the relocation
4. Maryland is the more appropriate forum
63
What are the two types of custody
legal and physical
64
What are the three forms of physical custody
1. Sole
2. Split
3. Joint
65
What are the five types of decisions that legal custody covers?
1. Non emergency medical
2. education
3. Discipline
4. Religious
5. mental health
66
sometimes parents share legal custody but if parties cannot reach a decision - one parent is given what
tie breaking authority
67
when the court makes a custody determination - what is it based on
child's best interest
68
If the court is going to award sole physical custody to one parent, what are the factors that the court considers
1. residence of parents
2. reputation
3. material opportunities for child
4. length of separation
5. preference of age, sex of child
6, desire of natural parents and agreement
7. prior voluntary abandonment
8. fitness of parents
69
what are the shared physical custody factors?
| 11
1. willingness of parents to share custody
2. fitness of parents
3. relationship established child and each parent
4. potential disruption of child's social and school life
5. geographic proximity of parental home
6. demands of parental employment
7. preference of age and number of children
8. sincerity of parent's request
9. financial status of parties
10. impact on federal and state assistance
11. benefit to parent
70
A child must have what before the child can testify or be interviewed by the judge?
considered judgment
71
what is a 9-101 finding
no substantial future likelihood of abuse
72
what is the standard of proof for a 9-101 finding
preponderance of the evidence
73
can the court issue an order that changes custody in future
no
74
visitation is a form of what
custody
75
is visitation an absolute right of the parent
no
76
outside of the best interest factors, what other factors does the court consider when it comes to visitation
1. Nature and stability of child’s relationships with his or her parents taking into account frequency of contact, regularity of contact, and amount of time spent together
2. Potential benefits and detriments to child in granting visitation
3. Effect visitation would have on child’s attachment to his or her family unit
4. Physical and emotional and mental health of the adults involved
5. Stability of the child’s living and schooling arrangements
77
In order for a third party to be granted custody and/or visitation, what must exist?
Both parents are unfit to have custody, or exceptional circumstances exist which would make continued custody with the parent detrimental to the child's best interest
78
What does the court consider when determining if exceptional circumstances exist?
1. Length of time child has been away from biological parent
2. Age of child when care was assumed by third party
3. Possible emotional effect on the child of a change of custody
4. Period of time which elapsed before the parent sought to reclaim the child
5. Nature and strength of the ties between the child and the third party
6. Intensity and genuineness of the parent's desire to have the child
7. Stability and certainty as to the child's future in the custody of the parent
8. Stability of child's current home environment
9. Child's emotional health
79
What factors does the court consider when determining if there is a defacto parent
1. biological/adoptive parent consented to and fostered the petitioner's formation
2. that the petitioner and the child lived together in the same household
3. that the petitioner assumed obligations of parenthood by taking significant responsibility for child's care, education and development, including contribution toward child's support
4. petitioner has been in a parental role for a length of time sufficient to have established
80
what is the standard for a modification of custody or visitation case
material change in circumstances and best interest of the child
81
what are the three types of attorneys for children
1. best interest
2. privilege
3. child's counsel
82
Parents of a child blank and blank for the child's support, care, nurture, welfare, and education
jointly and severally responsible
83
the obligation of support is owed to who
the child
84
when does CS terminate in Maryland
1. child dies
2. child marries
3. child is emancipated
4. child graduates or is no longer enrolled
5. The child turns 19
85
can parents waive a child support obligation
NO
86
can parents agree to never modify a child support obligation
NO
87
can parents contract each other to support their children beyond the age of 18
yes
88
The Maryland Child support guidelines are based on what model
income shares
89
the Maryland child support guidelines are required for families whose combined incomes range from ___ to ___
1250 to 30000
90
when the gross monthly income is over 30K, the court may calculate the Guidelines but must use its discretion in determining the amount of child support by considering what
The amount of money
91
There is a rebuttable presumption that the child support that would result from using the Guidelines is the correct amount of support. However, the presumption may be rebutted by showing what?
Guidelines would be unjust or inappropriate in a particular case
92
Prior to running CS guidelines, you must determine what
determine actual income
93
what are the 6 steps for determining the child support obligation
1. determination of alimony
2. determination of actual income
3. determination of adjusted actual income
4. determination of basic child support obligation
5. allocation of basic child support obligation
6. adjustments to basic child support obligation
94
what is actual income?
1. salaries
2. wages
3. commissions
4. bonuses
5. dividend income
6. pension income
7. interest income
8. trust income
9. annuity income
10. SS benefits - SSDI counts toward income but SSI does not
11. Workers Comp Benefits
12. Unemployment insurance benefits
13. Disability insurance benefits
14. For the obligor - any third party payment paid to or for a minor child as result of disability, retirement or other compensable claim
15. alimony or maintenance received
16. Expense reimbursements or in kind payments received by a parent in the course of employment, self employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses
17. May include severance pay. capital gains, gifts or prizes
18. Court may consider overtime income as long as it's not speculative
19. Gifts made to parent by third party
20. Income or Distributions
21. Deferred income during the year that is actually earned, not during the year it is received
95
A parent is required to offer blank of his or her income
A percentage
96
Adjusted actual income is determined by subtracting what two types of expenses?
Pre-existing child support obligations and alimony or maintenance obligations
97
What 4 expenses does the court consider on the child support guidelines?
1. Child care
2. School and transportation
3. Health insurance
4. Extraordinary medical expenses
98
What does a court look at for who should pay for the private school tuition
1. Child's educational history
2. Child's need for stability and continuity
3. Child's performance while in private school
4. Family history regarding school
5. When did the parents choose private school
6. Parent's ability to pay for the school
99
What is an extraordinary medical expense?
Any uninsured expenses for medical treatment in excess of 250 in any calendar year
100
Can a parent pay CS obligation off early?
NO - it would be a gift
101
Child support paid in excess of an obligation is considered what
Gift
102
How many overnights trigger court to consider running the CS guidelines based on a shared model
110 days
103
How is split custody CS determined?
Calculate for both kids and take the difference
104
What factors does the court consider to determine if a parent has voluntarily impoverished him or herself?
| 10 factors
1. Parents current physical condition
2. Parent's respective level of education
3. Timing of any change in employment of financial circumstances relative to proceeding
4. Relationship of parties prior to proceeding
5. Parent's efforts to find and retain employment
6. Parents efforts to secure re training if needed
7. Whether parent has ever withheld support
8. Parent's past work history
9. Area in which parties live and the status of the job market in the area
10. Any other considerations presented
105
When parents file request for child support, they are also required to file what
financial statement
106
child support is retroactive back to what date?
Date of filing for the request for child support
107
What are common material changes in circumstance that require a re-evaluation of the CS guidelines?
1. Increase in income
2. Decrease in income
3. Changes in expenses for child
4. Emancipation or graduation of child
108
What are some methods for enforcing a parent's CS Obligation?
1. Earnings withholding order
2. Lien for unpaid support against obligor property
3. Suspension of driving privileges
4. Suspension of certain occupational licenses
5. Interception of federal and state tax returns
109
A parent may have to continue to support their child if the child is deemed what?
Destitute
110
What is the cliff effect?
When parents ask for a specific number of overnights to hit that threshold, it triggers joint custody
111
What is the range of overnights that helps prevent the cliff effect?
92-109
112
What are reasons courts can decide not to establish a CSO?
1. Parents are incarcerated
2. Parent has a disability and can't get a job
3. Doesn't meet the minimum amount for support
4. Mom and dad are together
5. Parent who has obligation is in psychiatric facility
113
What is the self support reserve
Adjustment to basic CSO ensuring child support obligor maintains a minimum amount of monthly income, after payment and taxes of at least 110% of 2019 federal poverty level.
114
Name the 3 types of alimony
1. Pendente lite
2. Rehabilitative
3. Infinite
115
May alimony be non modifiable
Yes - by contract
116
May alimony be waived
Yes
117
Can alimony be retroactive?
Yes
118
When does alimony terminate?
1. On the death of either spouse
2. Remarriage of the receiving spouse
3. Whatever the order says
119
Parents are required to file what when alimony is requested
Long form Financial statement
120
What is the purpose of PL alimony
To maintain the status quo of the receiving spouse
121
What are the four elements of PL alimony?
1. Pending divorce
2. Proof of marriage
3. Ability of the other party to pay
4. Need for a dependent spouse
122
Why might indefinite alimony be awarded?
1. If person is disabled
2. The income disparity is so high
3. Age
123
What are 12 factors that must be considered when determining rehabilitative or indefinite alimony?
1. Ability of party seeking alimony to be wholly or partly self supporting
2. Time necessary for party seeking alimony to gain sufficient education
3. Standard of living
4. Duration of marriage
5. Contributions, monetary and nonmonetary of each party to well being of family
6. Circumstances that contributed to the estrangement of the parties
7. Age of each party
8. Physical and mental condition of each party
9. Ability of party from whom alimony is sought to meet that party's needs while meeting the needs of the party seeking alimony
10. Any agreement between the parties
11. Financial needs and financial resources of each party
12. Whether the award would cause a spouse who is a resident of a related institution to become eligible for medical assistance earlier
124
What are some examples of non monetary contributions
1. Providing childcare
2. Household chores
3. Transportation
125
A spouse who receives disability benefits through the social security administration, is this enough to prove alimony?
NO
126
The financial needs and resources of the parties include what resouces?
1. Assets
2. Income
3. Retirement benefits
4. Any monetary awards
5. Financial obligation of each party
127
Does voluntary impoverishment apply to alimony
YES
128
Can the court reserve alimony
YES
129
What is the standard for modifying alimony
Material change in circumstances and to avoid a harsh and inequitable result
130
When does the Court set parties in for a scheduling conference?
When it is contested
131
Parties are not referred to mediation if what has occurred between the parties?
Domestic violence
132
Marriage by what is acceptable in Maryland and not repugnant
Proxy
133
The court must do what before ordering paternity testing when paternity has been established through marriage or an Affidavit of Parentage?
hold a best interest hearing
134
How is paternity of the putative father established with unmarried parents?
1. Marry mother
2. Holds himself out as father
3. Court order
4. Affidavit of parentage
135
What must be covered in a marital settlement agreement for mutual consent?
1. Alimony
2. Monetary Award
3. Pension
4. Child Support
5. Real Property
6. Use and Possession
7. Custody agreement
8. Visitation
136
As of October 1, 2023, what are the three grounds for divorce
1. 6 month separation
2. Mutual consent
3. irreconcilable differences
137
How many days do you have to rescind an Affidavit of Parentage
60 days
138
Name services that can be ordered at a scheduling conference
| 12 factors
1. Parenting classes
2. Psych eval
3. Home studies
4. Mediation
5. Custody and Visitation Evaluation
6. Substance and Alcohol Assessment
7. Supervised Visitation
8. Monitored Exchange
9. Paternity Testing
10. Best Interest Attorney
11. Child's Privilege Attorney
12. Child's Counsel
139
Name the SCOTUS case that established that parents get to make the decision as to who their children spend time with
Troxell v. Granville
140
When was defacto parenting created in Maryland?
2016
141
What expenses for childcare are considered for the purposes of the child support guidelines?
1. Health Insurance
2. Extraordinary medical
3. Child care
4. School and transportation
142
When might a court award indefinite alimony
1. Permanent disability
2. Extreme disparity between the parties
3. Spouse age
143
When does alimony terminate?
1. Upon death of either party
2. Remarriage on recipient
3. At the end of the period for which it is awarded
4. If court finds termination is necessary to avoid a harsh and inequitable result
144
What are the name of the credits that a spouse may receive when he or she continues to the pay the expenses for the marital home?
Crawford credits
145
What formula is used to determine marital share of a spouse's pension?
Bangs Formula
146
What is the purpose of PL alimony
maintain the status quo
147
What may not be considered marital property?
1. property acquired before the marriage
2. Property acquired by inheritance or gift from third party
3. Property excluded by valid agreement
148
What are the three steps for determining a monetary award?
a. Determine what property owned by one or both parties constitutes marital property
b. Determine value of that property
c. Make a monetary award payable by spouse to the other and determine how the award is to be paid
149
Name alimony factors
a. Ability to be self supporting
b. Time necessary to be self supporting
c. Standard of living during marriage
d. Duration of marriage
e. Contributions, monetary and nonmonetary
f. Circumstances for estrangement
g. Age
h. Physical/mental condition
i. Ability to meet their needs
j. Financial resources
k. Agreement
150
When does child support terminate?
1. When child marries
2. When child dies
3. When child turns 19 or graduates - whichever occurs first
4. When child turns 18
