Financial Support of Spouses and Children

Question 1

Factors in alimony:

Answer 1

1) Financial Resources
2) Standards of living
3) Time to find a job
4) Length of marriage
5) Contributions to marriage
6) Age & Health
7) Marital misconduct

Question 2

Types of Marital Support:

Answer 2

1) Lump sum
2) Permanent
3) Limited duration
4) Rehabilitative - to give other spouse a chance to attend college
5) Reimbursement - one spouse did not work in order to achieve an advanced degree.

Question 3

Palimony

Answer 3

Support given by an unmarried co-habitant to another after dissolution of their relationship.

Question 4

Modification of Support

Answer 4

• Someone who willfully changes their income will not be able to modify their amount of support.
• There must be a substantial change in the circumstances to carry the burden of changing the support.
  Death, remarriage of receiving spouse, cohabitation of receiving spouse, retirement - sometimes

Question 5

Tax consequences of spousal maintenance

Answer 5

Payor may deduct them from income and recipient must count it as income.

Question 6

Jurisdiction over marital issues is created when:

Answer 6

• Subject matter jurisdiction, personal jurisdiction, fulfillment of residency requirements.

Question 7

Divisible Divorce Doctrine (Ex parte divorce)

Answer 7

• court has subject matter jurisdiction over the divorce and personal jurisdiction over only one spouse. In this instance the court may grant the divorce but may not determine property division, alimony and child support issues.

Question 8

How can a non-resident attack an ex parte divorce?

Answer 8

Show that the plaintiff was not a resident of the divorcing state or left the state’s domicile immediately after entry of divorce.

Question 9

Indigent parties in a divorce proceeding

Answer 9

Courts can’t require an indigent party to pay in the costs of the proceeding but there is no right to an attorney pro se.

Question 10

Can visitation rights be denied for failure to pay child support?

Answer 10

No.

Question 11

What is the child’s right to support?

Answer 11

has a right to support from parents if child is unemancipated and under 18 may continue thru college in some states and may continue indefinitely if physical or mental defect.

Question 12

Rights of Nonmarital children:

Answer 12

child support, government benefits, and wrongful-death claims may no longer be denied to nonmarital children

Question 13

Can states put a time limit on paternity actions by children?

Answer 13

No. Unconstitutional under equal protection clause.

Question 14

Equitable Estoppel for husband denying paternity

Answer 14

May occur if the husband said he would provide for child, spouse relied on it, spouse relied to her detriment.

Question 15

A court will have personal jurisdiction over an out of state parent when:

Answer 15

Under UIFSA long arm statute:

1) Personal service on defendant
2) Consent to jurisdiction
3) Current child residence in forum state
4) Past residence in the forum state and provision of child’s expenses.
5) Residence of child in forum state as a result of parent’s actions
6) Parent defendant engaged in sexual intercourse in the state that may have cause the child’s birth.
7) Parent is on the child’s registry in the state.

Question 16

Income shares model of Child support

Answer 16

(Majority of States)

- child will receive the same proportion of parental income as if the parties had remained married.

Question 17

Percentage of Income Calculation for Child Support

Answer 17

Certain minimum percentage of supporting parent’s income.

Question 18

Melson formula for tabulating child support:

Answer 18

Similar to income shares model but takes into account additional factors such as the amount of dependents a parent has, and standard of living adjustment

Question 19

What are the methods of tabulating child support?

Answer 19

1) Income-shares
2) Percentage of Income
3) Melson

Question 20

Modification of child support

Answer 20

Is allowed when:

1) Substantial change in the circumstances regarding the child’s needs or the parent’s financial circumstances.

Question 21

When is a child emancipated?

Answer 21

When the child is self-supporting and outside the sphere of parental influence. Depends on the totality of the circumstnaces.

Question 22

Jurisdiction for modification of child support

Answer 22

A different state court may not modify if another court has continuing jurisdiction over the case unless no parties reside in that court or the parties consent to different jurisdiction.

Question 23

Uniform Interstate Family Support Act (UIFSA)

Answer 23

Once an order for child support is issued in one state, it is enforceable in the same manner it is enforceable in that sate in every other state.

Question 24

Tax Consequences of Alimony

Answer 24

taxable income to the recipient but not deductible.