Financial Support of Spouses and Children Flashcards
What are the different types of spousal support?
- Lump sum
- Permanent
- Limited Duration
- Rehabilitate
- Reimbursement
- Palimony
When can spousal support be modified?
- Death: terminates
- Remarriage: terminates
- Cohabitation: modifies
- Retirement: modifies
Note: Voluntary reduction income does not change support obligations.
What are the factors considered for spousal maintenance?
- Financial resources
- Standard of living
- Time to find employment
- Length of marriage
- Contributions to marriage
- Age/health
- Marital misconduct
What are the two models for calculating child support?
- Income shares.
- Child should receive the same proportion of parental income as if the parties continued to live together. - Percentage of income.
- determines the minimum amount of child support by using a percentage of the supporting (i.e., noncustodial) parent’s net income, determined by the number of children supported.
What factors considered for determining child support?
- Age(s)
- Unusual needs
- Support obligations
- Assets
- Medical expenses
- Standard of living
- Length of marriage
- best interests of child
When can child support be terminated?
- 18+
- Emancipated
- Marries
- Military
- Death
Note: employment alone not enough.
Note: Through college allowed, but parents can make contingent on reasonable demands.
When can child support be modified?
Substantial change in child’s needs or parent’s financial situation.
Note: voluntary reduction in income will not allow modification.
How can child support awards be enforced?
- Civil contempt/criminal contempt
- Other sanctions: license suspension, wages, tax refunds.
When can a court obtain personal jurisdiction over an out-of-state defendant?
UIFSA
- Personal service
- Consent
- Past residency with child in state
- Residency of child in state as a result of acts and directives of parent
- Sex in state and child may have been conceived there
- Registry (father)
How does jurisdiction issues arise with child support?
Court who made initial determination can modify/enforce. Other courts can enforce IF order is registered, but cannot modify. Unless parties and child no longer live in state.
Can non-payment of child support affect visitation?
No.
How can non-marital children change their status?
- Parents marry after birth of child
- Father consent on birth certificate.
- Father holds himself out as father
- Judicial Decree
How can paternity be proved?
- Blood test
- Estoppel
- Other evidence (statements)
- Presumption.
