Spousal and Child Support

Question 1

What factors are considered for alimony?

Answer 1

Financial resources, child support, earning potential, time to find employment or get schooling, length of marriage, etc.

Question 2

What is a lump sum payment?

Answer 2

A fixed amount at the onset that cannot be modified

Question 3

What is permanent support?

Answer 3

An award for the remainder of the spouse’s life; usually only awarded when the marriage had a long duration

Question 4

When can a party modify a maintenance obligation?

Answer 4

The party seeking modification has the burden of establishing a significant change in circumstances that merit modification.

Question 5

Will a willful or voluntary reduction in income merit a modification of support?

Answer 5

No

Question 6

Are spousal support obligations subject to taxes?

Answer 6

Yes, they’re income

Question 7

Can visitation rights be denied for nonpayment of child support?

Answer 7

No

Question 8

Can parents into private agreement regarding child support payments?

Answer 8

Yes, but they cannot compromise their child’s welfare

Question 9

What evidence establishes paternity?

Answer 9

Blood, prior statements, medical testimony re: conception, defendant’s acknowledgments

Question 10

When is a nonbiological father estopped from denying a child support obligation?

Answer 10

1. He represented he’d pay;
2. The wife relied on this;
3. The wife suffered an economic detriment as a result

Question 11

Does a court have personal jurisdiction over out-of-state parents?

Answer 11

Yes, under the Uniform Interstate Family Support Act (UIFSA)

Question 12

How is child support calculated?

Answer 12

Under either the income-share model (proportion as though parents still together) or percentage-of-income model (% of noncustodial parent’s net income and # of kids)

Question 13

Can an obligor monitor how child support money is spent?

Answer 13

No

Question 14

Is the cost of providing medical insurance to the child included in child support?

Answer 14

Yes, in most states.

Question 15

When can a parent modify child support?

Answer 15

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

Question 16

When does child support terminate?

Answer 16

1. Child dies
2. Marries
3. Reaches age of majority

Question 17

When does a court have jurisdiction to modify a child support order?

Answer 17

A court may not modify a child support order rendered by a court with continuing jurisdiction unless:

1. the parties no longer reside in the state, or
2. they expressly agree to allow JX

Question 18

Is child support taxed?

Answer 18

No, and not deductible

Question 19

How may child support be enforced?

Answer 19

1. Civil contempt
2. Criminal contempt
3. Sanctions, including garnishment

Question 20

What is legal custody?

Answer 20

Right of parent to make major decisions about child’s life

Question 21

What is physical custody?

Answer 21

Right of parent to have child reside with them

Question 22

What is joint custody?

Answer 22

Both have custody; must be willing and able to cooperate

Question 23

What does the Uniform Child Custody Jurisdiction and Enforcement Act do?

Answer 23

Prevents jurisdictional disputes with courts in other states on matters of child custody and visitation

Question 24

Under the UCCJEA, which court has jurisdiction over an initial custody determination?

Answer 24

Child’s home state for more than six months or since birth, OR

Child’s home in past six months, and child is absent, but parent or guardian remains there

Question 25

Under the UCCJEA, what is significant-connection jurisdiction?

Answer 25

A court may modify an order if

1. No other state has or accepts home-state JX;
2. The child and a parent have a significant connection with the state; and
3. Substantial evidence in the state about child’s care, relationships, etc.

Question 26

Under the UCCJEA, what court has default jurisdiction over custody?

Answer 26

A state with appropriate connections to the child

Question 27

Under the UCCJEA, what court has exclusive-continuing jurisdiction?

Answer 27

If a court makes an initial ruling, it has exclusive JX over the matter until the parties no longer reside or the child has no connection to the state

Question 28

When can a court decline jurisdiction?

Answer 28

A court may with initial or exclusive-continuing JX, it my decline if the forum is inconvenient

Question 29

When can a court exercise temporary emergency jurisdiction?

Answer 29

When a child is in danger and requires immediate protection

Question 30

What is the best interests of the child?

Answer 30

Multifacet test looking at common-sense considerations, inc. domestic violence, child preference, siblings, etc.

Question 31

Can race or religion be a factor in child custody determination?

Answer 31

No.

Question 32

What visitation rights does a noncustodial parent have?

Answer 32

They are allowed reasonable visitation and can be denied only when it’d seriously endanger a child’s health. Restrictions may be imposed.

Question 33

What visitation rights do third parties have?

Answer 33

It can be granted to others, like stepparents or same-sex nonbiological parents

Question 34

Do unwed biological fathers have a right to see their children?

Answer 34

Yes, if he demonstrates his commitment to the responsibilities of parenthood

Question 35

When is parental consent required for medical care?

Answer 35

Always, unless there’s an emergency

Question 36

Can a parent’s religious beliefs be overridden by a court?

Answer 36

Yes, to prevent serious harm