Financial Support of Spouses and Children

Question 1

Modification of support

Answer 1

The party seeking modification has the burden of establishing a significant and continuing change in circumstances that warrants the modification.

Question 2

Support during marriage

Answer 2

• Spouses have a duty to support each other equally under family expense statutes.
• If a creditor provides a “necessary” item to one spouse, it can sue the other spouse for payment.

Question 3

Ex Parte Divorce

Answer 3

• The court can grant the divorce to one party, but it does not have jurisdiction to address property division, spousal support, or child support, unless there is PJ over the defendant.

Question 4

Child’s right to financial support from parents

Answer 4

• Both parents are legally required to support their minor children.
• Parents cannot bargain away child-support payments.
• Visitation rights cannot be denied for nonpayment of support.

Question 5

Uniform Interstate Family Support Act (UIFSA)

Answer 5

Used to determine personal jurisdiction over a parent to enforce support or paternity.

PJ exists when:
* Personally served within the state; or
* Resided with the child in the state in the past; or
* Engaged in sexual intercourse in the state

Question 6

Amount of child support

Answer 6

Best interests of the child

Question 7

Modification

(child support)

Answer 7

Permissible when there is a substantial change in circumstances regarding the child’s needs or the parents’ financial situation.

Question 8

Timing of modification

(child support)

Answer 8

• A court will only modify child support payments prospectively, from the date of the motion moving forward (future payments)

Question 9

Modification jurisdiction

(child support)

Answer 9

The state that issued the child support order has continuing exclusive jurisdiction
* Exceptions:
* The parents and child no longer reside in the state; or
* The parties expressly agree