Miscellaneous Flashcards
Where do you file a HAGUE case?
Country where child is at the time
When does court enter directed verdict?
No evidence at all other side could win.
Security for alimony can’t exceed need. So, if you get full life insurance securing award plus right to pension, that’s a doble dip
No answer
W files for divorce on Tuesday. Also on Tuesday, she takes loan from line of credit. Is that loan marital or nonmarital?
NM - did it on DOF.
Colombian pilot case with MSA. What grounds did court find?
Coercion (NOT duress)
Personal injury funds - M or NM?
M until proven otherwise
H/W agree on imputation to W. Must court do own analysis?
No
What must be proven for stalking?
Substantial emotional distress and no legitimate purpose
H ordered to maintain exclusive use of home for kids. H pays mortgage. Is that CS?
Basically yes. Counts as income to W
Free card
Remember, temporary absesnces are okay for jurisdiction/home state.
W denies irretrievable break. What can court do?
Counseling
3 mo stay
Anything in best interests parties/child
Temp atty fees- mandatory or optional?
If requested, mandatory if well-pled.
In ED, if you want to unequal distribute and keep marital home for minor children, what must you say?
Equitable, BIC, financially feasible
*Can switch to other party if one can’t
What is the fraction in determining marital % of non-marital paydown?
Total payment of mortgage from marital funds
—————————————————————-
Value on DOM, purchase, or mortage (latest)
What goes into total marital portion of property like kaaa
Marital portion of passive
Mortgage paydown
Actiev appeciation
How do you get passive appreciation of NM property?
Value DOF - value DOM - active - other encumbrances = passive (total)
What is burden to overcome gift presumption?
Clear and convincing
Factors to get setoffs or credits from marital home?
Exclusive use Alimony covering home expenses Child support coveringhome expenses Value to party keeping home Value loss by other party not keeping Who gest mortgage interest/tax benefits Capital gains Anything else
(Support, value each, taxes, exclusive use)
What are all ways to challenge prenup under UPAA?
Not voluntary
Fraud, duress, coercion, overreaching
Unconscionable AND lack of disclosure
WHat are 3 ways to terminate/modify rehab alimony?
Substnatial change
Noncompliance
Completion plan
When is durational alimony awarded?
When permanent is inappropriate.
Standard to get permanent in:
Short
Moderate
Long
Short - exceptional
Mod - clear and convincing
Long- no other form fair/reasonable
What MUST be in all PPs?
Daily tasks
Timesharing
Decisiosn on healthcafre, school, activities
Communication methods
H isn’t givng mom her time. Must court award makeup?
YES, it MUST award makeup
May award fees, parenting course, community service, etc.
H/W have timesharing. H is in rehab. Can he get TS in rehab?
No, if any sexual predators there.
Yes, during day time only. Nights (9pm-7am) only if BIC.
For a supportive relationship, do you need to prove that H/W are intimate?
No
H isn’t paying support but can work. What can court order him to do?
Get a job
File reports about getting a job
Do job training
Parent not exercising timesharing. Is that sufficient to modify CS?
Yes, counts as substantial change
M/F have kids and F pays child support. F has more kids after and gets 2nd job to support them. Remarries. Is his income discoverable? Is new wife’s?
Generally disregard H’s 2nd job if primary is to support new kids
New wife’s income is relevant to deviation from CS if H raises subsequent kids as reason not to modify
What is definitiion of DV?
Any asstault, batery, stalking, kidnapping, or criminal offense resutling in injury or death between family/household members
If Buzz and Jeff never lived together, can BUzz file for DV injunction?
NO, has to be spouses, related, maried and lived together
When do you have standing to file DV injunction?
If you’re victim or have reaosnable cause to believe yo’re in imminent danger of becomign victim of act of DV
H hits W, and W gets DV injunction. Court issues mutual DV injunctions. Response?
Improper, only grant W. No mutual protection orders
What factors does court look at to determien if reasonable fear of DV?
History of threats, harassment, abuse Attempting to hurt Threatened to hurt child Injured or killed family pet Threatened to use weapons Any physical restraint in past Criminal history fo violence Destroyed property or phone or other things
How do you determine value of goodwill?
Take FMV of value if to be sold (comparable sales) and then subtract net asset value and the rest is goodwill.
What are 3 approaches to biz Val?
Asset
Comparable sales/market
Income
What is asset approach and what are methods of doing it?
Look at balance sheet
Book value (not good cuz undervalues without looking at profit or FMV)
and adjusted book value (good)
What’s the problem with book value when doing asset approach
Doesn’t account for profit
Doesn’t account for FMV of assets
What is market approach and what are methods
Look at comparable sales of other businesses
Methods: EBIDTA
What is EBIDTA
Earnings before interest, depreciation, taxes, amortization
What is income approach and Methods
Look at cash flow and either discount or capitalize it
Capitalize: assume a percentage growth in years after to get to value
Discount: same but opposite
