JX crap

Question 1

When does a court have subject matter jurisdiction over a marital proceeding?

Answer 1

If residency requirements are satisfied

Question 2

Under UIFSA’s long-arm statute, when does a court have personal jurisdiction over an out of state parent?

Answer 2

1. Personal service
2. Consent
3. Current residency w/ child
4. Past residency in state and supported kid
5. (etc.)

Question 3

When does a court have jurisdiction for the modification of support if another court has continuing JX?

Answer 3

1. parties and child no longer reside in the state with continuing JX, or
2. Consent

Question 4

What court has home state jurisdiction under UCCJEA?

Answer 4

1. Home state for more than 6 mo, or since birth

2. Home state in past 6 mo, and child is gone but parents/guardians are here

Question 5

When does a court have significant-connection JX under UCCJEA?

Answer 5

1. No other state has home state JX
2. Child and atl. 1 parent have sig connection w/ state
3. Substantial ev. in state re: child

Question 6

What state has default JX under UCCJEA?

Answer 6

If no state has JX under home state or significant connection JX, any stater with “appropriate connections” to child has JX.

Question 7

When does exclusive continuing JX end under UCCJEA?

Answer 7

1. Parties no longer reside in state, or

2. Child no longer has a significant connection to the state

Question 8

When can a court decline JX over initial or exclusive-continuing JX under UCCJEA?

Answer 8

Inconvenience in light of domestic violence, lapse of time, distance b/n competing JX, financials, and other relevant factors.

Question 9

What is temporary emergency jurisdiction under the UCCJEA?

Answer 9

JX can be entertained if the child is in danger and requires immediate protection

Question 10

What are the steps for per capita with representation?

Answer 10

1. Divide at first surviving generation, only for those alive or with issue
2. Distribute among those below accordingly

Question 11

What are the steps for per stirpes distribution of property?

Answer 11

1. Divide into total number of children of ancestor who survive or leave issue who survive.
2. Split in half at each branch as necessary

Question 12

What are the steps for per capita at each generation (UPC)?

Answer 12

1. Divide property at first surviving generation

2. Divide remaining shares among next generation equally