Spousal and Child Support Flashcards
What factors are considered for alimony?
Financial resources, child support, earning potential, time to find employment or get schooling, length of marriage, etc.
What is a lump sum payment?
A fixed amount at the onset that cannot be modified
What is permanent support?
An award for the remainder of the spouse’s life; usually only awarded when the marriage had a long duration
When can a party modify a maintenance obligation?
The party seeking modification has the burden of establishing a significant change in circumstances that merit modification.
Will a willful or voluntary reduction in income merit a modification of support?
No
Are spousal support obligations subject to taxes?
Yes, they’re income
Can visitation rights be denied for nonpayment of child support?
No
Can parents into private agreement regarding child support payments?
Yes, but they cannot compromise their child’s welfare
What evidence establishes paternity?
Blood, prior statements, medical testimony re: conception, defendant’s acknowledgments
When is a nonbiological father estopped from denying a child support obligation?
- He represented he’d pay;
- The wife relied on this;
- The wife suffered an economic detriment as a result
Does a court have personal jurisdiction over out-of-state parents?
Yes, under the Uniform Interstate Family Support Act (UIFSA)
How is child support calculated?
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)
Can an obligor monitor how child support money is spent?
No
Is the cost of providing medical insurance to the child included in child support?
Yes, in most states.
When can a parent modify child support?
When there is a substantial change in circumstances regarding the child’s needs or parents’ financial situation
When does child support terminate?
- Child dies
- Marries
- Reaches age of majority
When does a court have jurisdiction to modify a child support order?
A court may not modify a child support order rendered by a court with continuing jurisdiction unless:
- the parties no longer reside in the state, or
- they expressly agree to allow JX
Is child support taxed?
No, and not deductible
How may child support be enforced?
- Civil contempt
- Criminal contempt
- Sanctions, including garnishment
What is legal custody?
Right of parent to make major decisions about child’s life
What is physical custody?
Right of parent to have child reside with them
What is joint custody?
Both have custody; must be willing and able to cooperate
What does the Uniform Child Custody Jurisdiction and Enforcement Act do?
Prevents jurisdictional disputes with courts in other states on matters of child custody and visitation
Under the UCCJEA, which court has jurisdiction over an initial custody determination?
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
Under the UCCJEA, what is significant-connection jurisdiction?
A court may modify an order if
- No other state has or accepts home-state JX;
- The child and a parent have a significant connection with the state; and
- Substantial evidence in the state about child’s care, relationships, etc.
Under the UCCJEA, what court has default jurisdiction over custody?
A state with appropriate connections to the child
Under the UCCJEA, what court has exclusive-continuing jurisdiction?
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
When can a court decline jurisdiction?
A court may with initial or exclusive-continuing JX, it my decline if the forum is inconvenient
When can a court exercise temporary emergency jurisdiction?
When a child is in danger and requires immediate protection
What is the best interests of the child?
Multifacet test looking at common-sense considerations, inc. domestic violence, child preference, siblings, etc.
Can race or religion be a factor in child custody determination?
No.
What visitation rights does a noncustodial parent have?
They are allowed reasonable visitation and can be denied only when it’d seriously endanger a child’s health. Restrictions may be imposed.
What visitation rights do third parties have?
It can be granted to others, like stepparents or same-sex nonbiological parents
Do unwed biological fathers have a right to see their children?
Yes, if he demonstrates his commitment to the responsibilities of parenthood
When is parental consent required for medical care?
Always, unless there’s an emergency
Can a parent’s religious beliefs be overridden by a court?
Yes, to prevent serious harm
