Financial Support of Spouses and Children

Question 1

what is spousal maintenance

Answer 1

also alimony
one spouse’s monetary obligation to provide the other spouse with support in the form of income; awarded if the recipient cannot provide for his own needs

Question 2

factors that affect spousal maintenance

Answer 2

financial resources
child support
spouses’ earning potential
time to find employment
length of marriage
age and physical and mental health of spouse
marital misconduct

Question 3

types of spousal support

Answer 3

lump sum
permanent
limited duration
rehabilitative
reimbursement
palimony

Question 4

lump sum spousal support

Answer 4

fixed amount; cannot be modified in the absence of fraud

Question 5

permanent spousal support

Answer 5

award for the remainder of dependent spouse’s life (unless certain circumstances occur); typically awarded only when the marriage was one of long duration

Question 6

limited duration

Answer 6

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

Question 7

rehabilitative

Answer 7

to enhance and improve the earning capacity of the economically depedent spouse; limited period of time, such as until spouse receives education or employment

Question 8

reimbursement

Answer 8

to compensate a spouse for financial sacrifices made during the marriage that resulted in a reduced standard of living to secure an enhanced standard of living in the future (rarely granted)

Question 9

palimony

Answer 9

support provided by one unmarried cohabitant to another after the dissolution of a stable, long term relationship (available in only a few states)

Question 10

what can modify spousal support

Answer 10

death of spouse, remarriage, cohabitation (if living with someone other than family, support can be modified if needs change), retirement (depends on jurisdiction)

Question 11

what doesn’t modify spousal support

Answer 11

willful or voluntary reduction of income

Question 12

what can establish paternity

Answer 12

blood tests, prior statements regarding paternity by deceased family members, medical testimony on probability of conception, defendant’s acknowledgement of paternity

Question 13

what is the marital presumption

Answer 13

child born to a married woman is the child of that woman and her husband

Question 14

what is estoppel in regards to paternity

Answer 14

husband who is not the biological father of his wife’s child may be estopped from deny his obligatoin to pay child support when
-he says he will provide for the child
-the wife relies on representaiton
-and the wife suffered an economic detriment as a result of representation

Question 15

What is UIFSA

Answer 15

Uniform Interstate Family Support Act - how a court obtains personal jurisdiction over an out of state parent

Question 16

methods of calculating child support

Answer 16

income shares model and percentage of income model

Question 17

what is income shares model

Answer 17

a child should receive the same proportion of parental income as if the parties continued to live together

Question 18

percentage of income model

Answer 18

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

Question 19

deviations from child support guidelines

Answer 19

court has to set forth specific findings explaining and supporting deviations

Question 20

standard of how to modifiy child support

Answer 20

a substantial change in circumstances regarding the child’s needs or the parents’ financial situation that is expected to be continuing

Question 21

what terminates child support

Answer 21

child reaches age of marjority, child marries, parental rights are terminated, child or parent dies, child gets emancipated