Questions from Exam Flashcards
What statute governs modification of child support?
UIFSA - Uniform Interstate Family Support Act
What is the rule of UIFSA regarding a court of continuing jurisdiction?
A different court does not have jurisdiction to decide a claim if another court has Continuing Jurisdiction over that claim.
When does the UIFSA rule on continuing jurisdiction cease to apply?
When the parties, including the child, no longer reside in the state w/ continuing jurisdiction or the parties expressly agree to another state’s jurisdiction.
What rules apply to whether a court has jurisdiction to change a marital property settlement?
General personal jurisdiction requirements.
Can courts modify a property division?
No. Because it was frozen in time at the time of the divorce.
Can separation agreements be modified?
Yes. Based on fraud or unconscionability.
