Financial Support for Spouses and Children

Question 1

Define spousal support (alimony)

Answer 1

Alimony is a spouse’s monetary obligation to provide other spouse with support.

Question 2

In general, when is alimony awarded?

Answer 2

Alimony is awarded when the recipient cannot provide for own needs

Question 3

Name (seven) factors to be considered in awarding alimony

Answer 3

1. Financial resources, including property awarded in divorce, child support, spouse’s earning potential, and other spouse’s ability to pay support
2. Spouse’s standard of living
3. Time to find employment or complete education or training necessary for job
4. Length of marriage
5. Contributions to marriage (in particular, those enhancing earning potential of the other spouse)
6. Age and physical and mental health of each spouse
7. Marital misconduct

Question 4

What are the (four) types of spousal support payments?

Answer 4

1. Lump sum - fixed amount, cannot be subsequently modified
2. Permanent - award for remainder of dependent spouse’s life (typically after marriages of 15+ years)
3. Limited duration - typically awarded when marriage was of short duration and there is economic need of support (this can be rehabilitative, designed to improve the earning capacity of economically dependent spouse; limited such as until spouse receives education or employment)

Question 5

What is reimbursement support?

Answer 5

Support to compensate spouse for financial sacrifices made during marriage that resulted in reduced standard of living (rarely granted)

Question 6

What is palimony?

Answer 6

Support provided by one unmarried cohabitant to another after dissolution of stable, long-term relationship (few states recognize)

Question 7

How can a party modify spousal support?

Answer 7

Party seeking modification typically has the burden of establishing a significant change in circumstances in needs of dependent spouse or financial abilities of obligor.

Question 8

What happens to spousal support upon death of spouse? Remarriage? Cohabitation? Retirement? Willful or voluntary reduction in income?

Answer 8

Death of spouse = termination of support
Remarriage = support may be terminated
Cohabitation = support may be modified if recipient’s needs for support decreases
Retirement = effect depends on jurisdiction
Voluntary reduction in income = no reduction

Question 9

What are the tax consequences of spousal support?

Answer 9

Spousal support is treated as taxable income to the recipient; deductible by the obligor

Question 10

What is the child’s right to support?

Answer 10

Each parent, regardless of marital status, is legally required to support minor children

Question 11

Do visitation rights of a child depend on the parent paying child support?

Answer 11

No. Visitation rights cannot be denied for nonpayment of support.

Question 12

What is the limit on parents’ ability to enter into private agreements regarding child support payments?

Answer 12

Parents cannot agree to any release or compromise that would negatively affect the child’s welfare

Question 13

When can a nonmarital child inherit from her father’s estate?

Answer 13

A nonmarital child can inherit from the father’s estate as long as paternity is proven prior to the father’s death.

Question 14

How can a nonmarital child become a marital child?

Answer 14

1. When parents marry after child’s birth
2. Father consents to name on birth certificate
3. Father acknowledges he is child’s father
4. Judicial decree

Question 15

What evidence can be used to establish paternity?

Answer 15

1. Blood test ordered by court
2. Prior statements regarding paternity by deceased family members
3. Medical testimony on probability or improbability of conception
4. Defendant’s acknowledgment of paternity

Question 16

What is the “marital presumption” of child paternity?

Answer 16

Child born to married woman is presumed to be child of her husband

Question 17

When may the husband of the wife’s child who is not the kid’s biological father be estopped from denying child support?

Answer 17

1. Representation by husband that he would provide for the child,
2. Wife relied on the representation, and
3. Wife suffered economic detriment as a result of reliance

Question 18

How do court’s have personal jurisdiction over out-of-state parents?

Answer 18

Court has personal jurisdiction over an out-of-state parents pursuant to the long-arm provision in the Uniform Interstate Family Support Act (UIFSA)

Question 19

What are the two method of calculating child support?

Answer 19

1. Income-shares model: child receives same proportion of parental income as if parents continued to live together (majority)
2. Percentage of income model: minimum amount of child support determined by using percentage of supporting parent’s net income based on number of children supported.

Question 20

How can child support payments be modified?

Answer 20

There must be a substantial change in circumstances of child’s needs or parent’s financial situtaion

Question 21

In what ways can child support payments be terminated?

Answer 21

1. Child reaches age of maturity
2. Judicial termination of parental rights
3. Death of parent
4. Employable child and parents makes reasonable demands of child to get job

Question 22

When might a parent need to extend child support beyond the age of maturity?

Answer 22

1. Child in college

2. Disabled adult child who is unable to support self

Question 23

When can the court of State B modify a child support award made in State A?

Answer 23

Court may not modify child support order rendered by court with continuing jurisdiction in another state unless parties no longer reside in that state or parties expressly agree to permit another state to exercise jurisdiction.
*An aspect of the child-support obligation that was not modifiable under State A’s laws may not be modified by State B’s court

Question 24

What are the methods of enforcing a child support award?

Answer 24

1. Civil contempt - obligor with ability to pay may be found in contempt and sent to jail until amount paid
2. Criminal contempt - jail sentence may be imposed upon obligor who willingly fails to pay amount owed
3. Other sanctions - interception of tax refund, report to credit bureau, suspension of driver’s/occupational license, seizure of assets, garnishment of wages, payment of attorney’s fees

Question 25

To what extent is a child support award in State A enforceable in State B?

Answer 25

State A’s order is enforceable in same manner and to the same extent in State B. UIFSA.