Financial Support of Spouses and Children Flashcards
Spousal Support Factors
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
Lump Sum Spousal Support
A fixed amount that cannot be modified absent fraud
Permanent Spousal Support
Award for the remainder of the dependent spouse’s life; typically awarded when the marriage was of a long duration
Limited Duration Spousal Support
Awarded when the marriage was of short duration but there is still an economic need to support
Rehabilitative Spousal Support
To enhance and improve the earning capacity of the economically dependent spouse
Limited period of time, such as until spouse receives education or employment
Reimbursement Spousal Support
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)
Palimony
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
Modification of Spousal Support
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
Willful or Voluntary Reduction in Income
No reduction in support payments
Cohabitation
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
Child’s Right to Support
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
Nonmarital Children’s Rights
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
Evidence to Establish Paternity
- Blood tests ordered by court
- Prior statements re: paternity by deceased family members
- Medical testimony on probability or improbability of conception
- D’s acknowledgement of paternity
Time Limit on Filing Paternity Petition
There is no limit - would be unconstitutional
UNLESS time limit is substantially related to the govt’s interest in restricting such an action
Marital Presumption
A child born to a married woman is assumed to be the child of that woman and her husband
Estoppel From Denying Obligation to Pay Child Support for Non-Biological Father Husbands
- Representation by husband he would provide for the child
- The wife relied on the representation
- The wife suffered an economic detriment as result of the reliance
Child Support: Personal Jurisdiction over an Out-of-State Parent
Pursuant to long-arm provision from Uniform Interstate Family Support Act (UIFSA)
Income-Shares Model
A child should receive the same proportion of parental income as if the parties continued to live together (majority)
Percentage-of-Income model
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)
Deviations from Child-Support Guidelines
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)
Modification of Child Support
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)
Termination of Child Support
- Child reaches age of majority
- Child marries
- Parental rights are terminated
- Parental or Child death
- Emancipation before age of majority
Child Support Extensions
- Child in college
- Disabled adult child unable to support himself
Jurisdiction for Modification of Support
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
