Financial Support of Spouses and Children Flashcards
Spousal Support
One party’s obligation to provide the other with support in the form of income
What are the factors considered for spousal support?
Duration of the marriage; contributions of the parties to the marital estate during the marriage; age and health of the parties; source and amount of property awarded to the parties on divorce; necessities and circumstances of the parties; ability of the parties to pay; earning abilities of the parties; and past relations and conduct of the parties; fault or marital misconduct may be taken into account
What are the 5 types of spousal support and what do they entail?
- Lump sum- fixed amount;
- Permanent- award for remainder of dependent spouse’s life;
- Limited duration- for short marriages w/ need of financial support;
- Rehabilitative- to enhance/improve earning capacity for a limited time; and
- Reimbursement- to compensate for financial sacrifices made during marriage (rarely granted)
What is Palimony?
Financial support for unmarried cohabitants
Is Palimony recognized in Michigan?
No
Can a lump sum spousal support be modified?
No
What are the requirements for modification of spousal support?
Establishment that a significant change in circumstances warrants modification
Who has the burdens of proof when seeking modification of spousal support?
Party seeking the modification
Does the willful/voluntary reduction in income affect spousal support payments?
No
What are the affects to spousal support if a spouse dies?
Support is terminated
What are the affects to spousal support if a spouse remarries?
Termination
How long are both parents legally required to support their minor children?
Until 18; may be 19 and 6 months if child is a full-time high school student
Can visitation rights be denied for nonpayment of support?
No
Genetic Parentage Act
Used for a child born out of wedlock to establish a man as the biological father for the basis of court-ordered support or parenting time.
Is the Genetic Parentage Act applicable where a child’s father has been established or acknowledged paternity?
No
Can you place a time limit on filing of paternity petition?
No
What is the marital presumption?
A child born to a married woman is the child of that woman and her husband
Income-shared model
Child should receive the same proportion of parental income as if the parties continued to live together
Is the amount calculated pursuant to the guidelines rebuttable?
Yes
What is the standard for modification of child support?
A substantial change in circumstances regarding the child’s needs or the parent’s financial situation.
Are retroactive modification in child support permitted?
Not expressly prohibited but restricted to the time after the petition is filed
What are the 4 reasons for terminated child support?
- Child reaches age of majority;
- Child marries;
- Parental rights are terminated; and
- Child or parent dies
What happens if a child is emancipated before the age of majority?
Support MAY be terminated
When can a court modify child support that has been rendered by a different court with continuing jx?
When the parties and child no longer reside in that state or the parties expressly agree
Can a parent be found in civil and criminal contempt for not paying child support?
Yes
What happens when a child support order is registered in another state?
The order is enforceable under the same manner and to the same extent as the original state
Who can modify the original child support order?
Only the issuing state of the original order
Are child support payments tax deductible or included as income?
No
