Rules

Question 1

When will a court not enforce a separation agreement

Answer 1

Only if it is unconscionable and based on fraud

Otherwise, courts will generally enforce the separation agreement

Question 2

Is the fact that a divorce was based on fault a factor in distribution of property?

Answer 2

No,

But martial misconduct may be taken into account in determining spousal support

Question 3

What are the different types of spousal support?

Answer 3

1. Lump sum
2. Permanent
3. Limited duration
4. Rehabilitative
5. Reimbursement

Question 4

What is reimbursement alimony?

Answer 4

Court uses its equity power to award a spouse reimbursement for her actual contribution to award the other spouse’s educational and other related living expenses.

Question 5

When is permanent spousal support awarded?

Answer 5

Only when the marriage was for a long duration

Usually 15 years or more

Question 6

What is rehabilitative support?

Answer 6

Short term (such as until the spouse received education or employment).

Purpose is to enhance the earning capacity of the economically dependent spouse.

Question 7

What is the theory of parens patriae?

Answer 7

A court can intervene to protect a child when medical treatment contradicts religious belief and such treatment is required to prevent serious harm to the child

Question 8

Is property acquired after separation, but before a formal divorce, marital property?

Answer 8

Most states say yes, but some say no

Question 9

How is a common law marriage terminated?

Answer 9

Annulment, divorce or death

Question 10

What is a de facto parent?

Answer 10

Courts will grant visitation to a step parent if he acted as a de facto parent.

Question 11

Is a state required to enforce child support orders of another state?

Answer 11

Yes, under UIFSA and the Full Faith and Credit Clause

Question 12

When can a state court modify an order of child support rendered by a court of continuing jurisdiction?

Answer 12

1. The parties (including the child) no longer reside in that state

Or

2. The parties expressly agree to permit another state to exercise jurisdiction.

Question 13

When is a child support order able to be modified?

Answer 13

When there is a substantial change in circumstances regarding the child’s needs or the parents’ financial situation

And

That change is expected to be continuing rather than temporary

Question 14

Can a modification of child support be made retroactive?

Answer 14

Only to the date the notice was served to the other party

Question 15

What is dissipation of marital property?

Answer 15

One spouse uses marital property for his sole benefit after the marriage has irreconcilably broken down.

Taken into consideration when dividing marital property at divorce

Question 16

What are an unwed father’s substantive due process right?

Answer 16

Right to have contact with his child only if he demonstrates a commitment to the responsibilities of parenthood

Question 17

What is the presumption when a child is born to a married mother?

Answer 17

Presumption that the child is the child of the mother and her husband

Question 18

When is a husband who is not the biological father of the wife’s child estopped from denying his obligation to pay child support?

Answer 18

1. There is a representation by the husband that he would provide for the child
2. The wife relied on the representation

And

3. The wife suffered an economic detriment as a result of that reliance

Question 19

Can a parent object to a non-parent’s visitation?

Answer 19

State courts must give special weight to a fit parent’s decision to deny non-parent visitation.

Question 20

When is a premarital agreement enforceable?

Answer 20

In many states when there has been (i) full disclosure, (ii) the agreement is fair and reasonable, and it is (iii) voluntary.

Question 21

What does it mean to enter into a premarital agreement “voluntarily”

Answer 21

There was no fraud, duress, or misrepresentation.