Family law Randoms

Question 1

what is recrimination?

Answer 1

Recrimination is a defense that arises when the party seeking the divorce is also guilty of misconduct for which a divorce may be granted.

Question 2

what is connivance?

Answer 2

Defense to divorce: Connivance is the willing consent by one spouse to the other’s misconduct and condonation asserts that while marital offenses may have occurred in the past, they were forgiven with full knowledge that they had been committed.

Question 3

what is collusion?

Answer 3

Collusion is an agreement to simulate grounds for divorce, or an agreement not to bring up an existing or potentially existing defense.

Question 4

What is a voidable marriage deemed unless a spouse seeks to have it annulled?

Answer 4

Valid

Question 5

what type of spousal support may be modified?

Answer 5

A nominal periodic payment may be modified if there is an unanticipated change in circumstances

Question 6

T/F: all awards of spousal support are final and not subject to modification

Answer 6

False

Question 7

What is the primary jurisdictional test under the Uniform Child Custody Jurisdiction and Enforcement Act?

Answer 7

the home state test

Question 8

what is condonation?

Answer 8

The defense of condonation asserts that while marital offenses may have occurred in the past, they were forgiven with full knowledge that they had been committed. Resumption of marital relations after the forgiveness is the key element of this defense

Question 9

what is commingled property?

Answer 9

separate property that has become marital property b/c it has been inextricably mixed with marital property

Question 10

what do most states require for a valid marriage?

Answer 10

A license and solemnization (a ceremony)

Question 11

what is a putative spouse?

Answer 11

a party who acted in good faith in entering a marriage that was subsequently declared invalid

Question 12

what is the state of mind required to enter into a valid marriage?

Answer 12

the parties must intend to enter into the marriage relationship

Question 13

Under the UPAA, parties to a premarital agreement cannot contract to

Answer 13

eliminate child support or determine a child custody arrangement

Question 14

lack of mental capacity makes a marriage what?

Answer 14

voidable

Question 15

what factors are usually considered courts in dividing marital property at divorce?

Answer 15

Provisions for the custody of minor children, assets, debts and liabilities of the parties and the standard of living during the marriage

Question 16

what factors does a court consider when determining the amount of spousal support to award in a divorce action?

Answer 16

1. the requesting spouse’s needs
2. the paying spouse’s ability to pay
3. the standard of living established during the marriage

Question 17

Under the Uniform Interstate Family Support Act, if there are 2 child support orders in two different jurisdictions, which state law will control?

Answer 17

the law of the child’s home state

Question 18

when awarding custody, what factors does a court consider when determining the best interest of the child?

Answer 18

1. the wishes of the child
2. the child’s interactions w/ her siblings
3. child’s adjustment to her school

Question 19

when will a custodial parent be deemed to move to another state with the child?

Answer 19

When the move is motivated by a benefit to the custodial parent and not by a desire to frustrate the other parent’s visitation rights

Question 20

can a parent have a tort action against one who tortiously injures her child?

Answer 20

yes

Question 21

can the parties have their property rights adjudicated in a legal separation?

Answer 21

yes

Question 22

Under the Full Faith and Credit Clause, an ex parte divorce does what?

Answer 22

dissolves the marriage but does not settle the parties’ money rights

Question 23

what conditions are necessary for a court’s child support order to be given Full Faith and Credit For Support Orders Act?

Answer 23

the court had jurisdiction over the matter and the parties had reasonable notice and an opportunity to be heard

Question 24

For tax purposes, child support payments are ______ in the income of the recipient and spousal support payments are ____ in the income of the recipient

Answer 24

not includible, and includible

Question 25

Can a child under 18 convey property?

Answer 25

Yes, however the child may disaffirm the conveyance upon reaching the age of majority

Question 26

If a granparent demands visitation, who’s preference controls?

Answer 26

the fit parent’s due process rights in the care, custody and control of her child take precedence

Question 27

can a 3P bring an action to annul a voidable marriage?

Answer 27

no, the action can only be brought by one of the spouses

Question 28

who can seek to annul a void marriage?

Answer 28

any interested party