Financial support of spouses and children Flashcards

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1
Q

Define spousal, maintenance or alimony

A

One spouse is monetary obligation to provide the other spouse with support in the form of income. It is awarded if the recipient cannot provide for their own needs.

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2
Q

What are the factors in consideration of an award of spousal maintenance?

A

Typically include financial resources including
property to be awarded in the divorce,
Child support,
spouses earning potential
other spouses ability to pay support
spouses standard of living
time to find employment or complete an education or training necessary for a job
length of marriage
contribution to the marriage
age and physical and mental health of each spouse and
marital misconduct.

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3
Q

What are the different types of support?

A

Lump sum - a fixed amount that cannot be modified in the absence of fraud

Permanent - an award for the remainder of the dependent spouses life, and typically awarded only when the marriage was one of a long duration

Limited duration - typically awarded when the marriage was short duration, but there is still an economic need for support

Rehabilitative - to enhance and improve the earning capacity of the economically dependence spouse for a limited period of time such as spouse, receives education or employment

Reimbursement - to compensate, a spouse, financial sacrifices, made during the marriage that resulted in a reduced standard of living to secure an enhanced standard of living in the future

Palimony - support provided by one unmarried cohabitant to another after the dissolution of a stable, long-term relationship 

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4
Q

When can a award of spousal maintenance be modified?

A

The receiving spouse remarries, or begins cohabitating with someone who is not family, retirement or death

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5
Q

When is spousal maintenance? Not modifiable

A

Willful or voluntary reduction in income

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6
Q

The party seeking modification of a spouse, so maintenance award typically has a burden of establishing what

A

Significant and continuing change, in circumstances in the needs of the defendant spouse, or financial abilities of obligor, that warrant the modification

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7
Q

Who is entitled to child support?

A

The child not the parents

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8
Q

True or false both parents, regardless of marital status are legally required to support their minor children

A

True, each parents respective obligations of support are adjusted as physical possession of a child changes between parents

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9
Q

True or false visitation rights can be denied for nonpayment of child support

A

False

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10
Q

True or false parents can enter into private agreements regarding child support payments

A

True, but they cannot agree to any release or compromise. It would negatively affect the child’s welfare.

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11
Q

In what ways can paternity be established?

A

Blood test ordered by the court

Prior statements regarding paternity by deceased family members

Medical testimony, on the probability or improbability of conception

Defendants knowledge of paternity

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12
Q

True or false it’s unconstitutional to put a time limit on filing a paternity petition

A

True, unless there is a reasonable opportunity to pursue such an action, and the limit is substantially related to the governments, interest in restricting such action

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13
Q

What is the marital presumption for children born during marriage?

A

The law presumes of child born to a married woman, is the child of that woman and her husband

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14
Q

When is a husband who is not the biological father of the wife’s children a stop from denying his obligation of pay child support

A

There is a representation by the husband that he would provide for the child

The wife lied on his representation , and

The wife suffered an economic detriment as a result of the reliance

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15
Q

How does a court obtain personal jurisdiction over an out-of-state parent?

A

Pursuant to a long arm provision in the Uniform Interstate Family Support Act

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16
Q

What are the two methods of calculating child support?

A

Income shares model, where a childhood should receive the same portion of parental income, as if the parents continue to live together

Percentage of income model, which determines the minimum amount of child support by using a percentage of the supporting parents, net income, determined by the number of children’s supported

17
Q

What is the standard for modification of child support?

A

A substantial change in circumstances regarding the child need, or the parents financial situation that expected to be continuing

There is no reduction for a voluntary reduction in the obligor pay

18
Q

When does child support obligations terminate?

A

When the child reaches the age of 18, the child marries parental rights are terminated or the child or parent dies

19
Q

When may child support extend past the age of 18?

A

The parties can agree to pay for the child in college, a disabled adult child, who is unable to support themselves