Financial Support of Spouses and Children

Question 1

Spousal Support Factors

Answer 1

Financial resources (including property to be awarded in the divorce), child support, spouse’s earning potential, other spouse’s ability to pay support, spouses’ standard of living, time to find employment or complete education/training necessary for a job, length of marriage, contributions to marriage, age and physical/mental health of each spouse, marital misconduct

Question 2

Lump Sum Spousal Support

Answer 2

A fixed amount that cannot be modified absent fraud

Question 3

Permanent Spousal Support

Answer 3

Award for the remainder of the dependent spouse’s life; typically awarded when the marriage was of a long duration

Question 4

Limited Duration Spousal Support

Answer 4

Awarded when the marriage was of short duration but there is still an economic need to support

Question 5

Rehabilitative Spousal Support

Answer 5

To enhance and improve the earning capacity of the economically dependent spouse

Limited period of time, such as until spouse receives education or employment

Question 6

Reimbursement Spousal Support

Answer 6

To compensate 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 (rare)

Question 7

Palimony

Answer 7

Support provided by one unmarried cohabitant to another after the dissolution of a stable, long-term relationship (not marriage)

Only recognized by a few states

Question 8

Modification of Spousal Support

Answer 8

Party seeking modification generally must establish a significant and continuing change in circumstances in the needs of the dependent spouse or financial abilities of obligor that warrant the modification

Question 9

Willful or Voluntary Reduction in Income

Answer 9

No reduction in support payments

Question 10

Cohabitation

Answer 10

If receiving spouse cohabits with someone who is not family, then spousal support may be modified if the recipient spouse’s need for the support decreases as a result of the cohabitation

Question 11

Child’s Right to Support

Answer 11

Both parents are legally required to support minor children

Visitation cannot be denied for non-payment of child support

Parents can enter into private agreements re: child support but CANNOT agree to a compromise or release that would negatively affect child’s welfare

Question 12

Nonmarital Children’s Rights

Answer 12

Cannot be denied child support, government benefits, or wrongful death claims

May inherit from father’s estate so long as paternity is established

Paternity can be established via judicial decree or name on birth certificate or father acknowledges he is child’s father

Question 13

Evidence to Establish Paternity

Answer 13

1. Blood tests ordered by court
2. Prior statements re: paternity by deceased family members
3. Medical testimony on probability or improbability of conception
4. D’s acknowledgement of paternity

Question 14

Time Limit on Filing Paternity Petition

Answer 14

There is no limit - would be unconstitutional

UNLESS time limit is substantially related to the govt’s interest in restricting such an action

Question 15

Marital Presumption

Answer 15

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

Question 16

Estoppel From Denying Obligation to Pay Child Support for Non-Biological Father Husbands

Answer 16

1. Representation by husband he would provide for the child
2. The wife relied on the representation
3. The wife suffered an economic detriment as result of the reliance

Question 17

Child Support: Personal Jurisdiction over an Out-of-State Parent

Answer 17

Pursuant to long-arm provision from Uniform Interstate Family Support Act (UIFSA)

Question 18

Income-Shares Model

Answer 18

A child should receive the same proportion of parental income as if the parties continued to live together (majority)

Question 19

Percentage-of-Income model

Answer 19

Determines the minimum amount of child support by using a percentage of the noncustodial parent’s net income, determined by the number of children supported (minority)

Question 20

Deviations from Child-Support Guidelines

Answer 20

Rebuttable presumption that the amount calculated by child-support guidelines is correct

If court deviates, it myst set forth specific findings explaining and supporting the deviation

Cost of medical insurance included in child-support award (most states)

Question 21

Modification of Child Support

Answer 21

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

No reduction for voluntary reduction in obligor’s pay (most states)

Question 22

Termination of Child Support

Answer 22

1. Child reaches age of majority
2. Child marries
3. Parental rights are terminated
4. Parental or Child death
5. Emancipation before age of majority

Question 23

Child Support Extensions

Answer 23

1. Child in college
2. Disabled adult child unable to support himself

Question 24

Jurisdiction for Modification of Support

Answer 24

A court may not modify a child support order rendered by a court with continuing jurisdiction in another state unless the parties (including the child) no longer reside in that state or the parties expressly agree to permit another state to exercise jurisdiction

If an aspect of a child-support obligation may not be modified under the law of the state that first imposed the obligation, that obligation may not be modified under the laws of any other state

Question 25

Civil Contempt

Answer 25

An obligor with the ability to pay may be found in civil contempt and can be sent to jail until the amount owed is fully paid

Question 26

Criminal Contempt

Answer 26

A jail sentence may be imposed upon an obligor who willingly fails to pay the amount owed

Question 27

Other Sanctions for Non-Payment of Child Support

Answer 27

1. Interception of tax refund
2. Wage garnishing
3. Report to credit bureau
4. Suspension of license
5. Seizure of assets
6. Ordering payment of attorney’s fees

Question 28

Act that Governs Modification and Enforcement of Interstate Child Support

Answer 28

UIFSA - Uniform Interstate Family Support Act

Once an order is registered in another state, it is enforceable in the same manner and to the same extent as a child-support order issues by the original state

Other state’s responsibility is to simply enforce - only the issuing state can modify