Family Law - Ramsey

Question 1

What is marital property?

Answer 1

In general, all property acquired during marriage unless it is acquired through gift, bequest, devise, or descent.

When a gift is given to both parties during marriage, courts will look at the donor’s intent to determine whether he intended both parties to use the gift.

Marital property is subject to division at divorce (equitably, not equally), no matter how title is held.

Question 2

What is the purpose of spousal support?

Answer 2

To ensure an adequate income stream for the spouse whose economic dependency has resulted, at least in part, from the marital relationship.

Some states will consider marital fault when awarding alimony.

Question 3

How does the court determine what type and how much spousal support to award?

Answer 3

The court considers:

(1) the living standard during the marriage;
(2) the duration of the marriage;
(3) the age and physical and emotional conditions of both parties;
(4) the financial resources of each party (including how marital property was apportioned);
(5) the contribution of each party to the marriage (including homemaking);
(6) the time needed to obtain education or training to enable either party to find appropriate employment;
(7) the ability of the payor spouse to meet his needs while paying spousal support.

Permanent spousal support is awarded to a spouse who has neither the resources nor the ability to be self-sustaining. Otherwise, the court will determine how long temporary support should last.

Question 4

How is child support calculated?

Answer 4

The court will look primarily to the monetary need of the children and his ability to pay. Most states have a formula with guidelines that dictate how much should be paid.

Question 5

When does a state have jurisdiction over a divorce action?

Answer 5

One of the parties must be a resident of the jurisdiction where the action is brought. So P’s residency alone can be the basis for a state’s granting a divorce, regardless of whether there is personal jurisdiction over the D.

However, a court cannot determine out-of-state property rights or rights to support unless it has jurisdiction over both parties.