FL Flashcards
Child support modification
Need PJ and SMJ
SMJ – stays with OG State if it remains residence of any parties or do not consent
Property division
SMJ if there is PJ over one party
Child support retro active mod?
No backwards modification
Child support modification?
substantial change in circumstances.
Voluntary income loss – some C refuse to mod, some look to good intentions
Divorce property division
Can’t be modified
PJ for divorce?
Only a plaintiff
PJ for a custody decree?
Only over plaintiff
PJ for distribution of marital property?
Need over Def and PLain.
Fault divorce
divorce may typically be
granted on grounds of cruelty or a like concept.
Traditionally, the abuse must be physical, successive, and continuing
for an extended period of time, or a single severe physical act causing serious bodily harm or reasonable
apprehension of serious future danger. In recent decades, however, jurisdictions recognize a single, less
serious physical incident as sufficient and recognize emotional or mental cruelty
Custody of child?
Best interest
Common law marriage?
s (1) cohabited,
(2) agreed to be
married, and
(3) held themselves out to others as a married couple
COL common law?
a marriage valid under the law of the state where it
was contracted is valid elsewhere unless it violates the strong public policy of another state which has the
most significant relationship to the spouses and the marriage
Property aquired during marriage?
other than by gift or inheritance, is
marital property subject to division on divorc
Some: divide equally
Others: equitably factors like relatively short duration of their
cohabitation, the absence of any contributions by Andrew to the marital estate, and the parties’ long and
near-total estrangement.
Not legal parent, visitation?
Can issue if balance of considerations
strongly favored ongoing contact. H
