Marital contracts and child support

Question 1

Marital agreements

Answer 1

An agreement between spouses who intend to remain married

Question 2

Separation agreements

Answer 2

An agreement entered into after marriage under which the parties agree to live apart and resolve economic issues.

Must be voluntary and there must have been a full and fair disclosure by the parties (and consideration, usually mutual promises by the parties)

Question 3

Modification of separation agreements

Answer 3

If the divorce decree merges the agreement, court may modify.

W/o merger, retains character as a contract.

Child support can always be modified

Question 4

Basic considerations for child support

Answer 4

Ability to pay and needs of the child

Question 5

Jurisdiction over child support orders

Answer 5

Proper where the first petition under UIFSA is filed

Question 6

Duration of child support

Answer 6

Until the child reaches the age of majority; death of child; emancipation of child; termination of parental rights

Question 7

Jurisdiction to enforce child support orders

Answer 7

Original court has jurisdiction to enforce. Second court can either directly enforce or register the order

Question 8

Jurisdiction to modify child support

Answer 8

Original court has continuing and exclusive jurisdiciton to modify it

Question 9

Standard for modification

Answer 9

Substantial and continuing change of circumstances

Question 10

UCCJEA initial custody determination

Answer 10

A court has jurisdiction to intially enter or modify a child custody order if the state: is the child’s home state, or was the child’s home state within the past six months and the child is absent from the state, but a parent or person acting as a parent (that is, a guardian) continues to live in the state

Question 11

Child custody generally

Answer 11

Standard applied in awarding custody and visitation is the best interest of the child