Spousal & Child Support Flashcards
What 7 factors can be considered when
determining spousal support?
- financial resources of both parties
- Standard of living during marriage
- time to find employment or complete education/training
- length of marriage
- contributions to marriage (enhancing earning potential of the other spouse)
- age & health of both parties
- marital misconduct (in some states)
MEMORIZE THIS!
Permanent spousal support:
What is it and when can you get it?
Award for the remainder of the dependant spouse’s life;
typically only available when marriage was 15+ years; often when a spouse didn’t work to take care of home and children
What is rehabilitative spousal support?
Awarded to enhance and improve the earning capacity of the economically dependant spouse; limited period of time, such as until spouse receives education or employment
What is reimbursement spousal support?
Award to compensate a spouse for financial sacrifices made during the marriage that resulted in a reduced standard of living to secure an enhanced standard of living in the future (rarely granted)
What is palimony?
Support provided by one unmarried cohabitant to another after the dissolution of a stable, long-term r/ship (only available in a few states)
What must a party seeking modification of spousal support need to prove?
They typically have the burden of establishing a significant and continuing change in circumstances in the needs of the dependent spouse or financial abilities of obligor that warrant the modification.
How is a party receiving spousal support affected if they begin cohabitating with another person (not a family member)?
Support may be modified if the recipient spouse’s need for the support decrerases as a result of the cohabitation (not automatic)
What evidence can be considered to establish paternity for non-marital children?
- Blood tests ordered by the court
- Prior stmts regarding parternity by deceased family members
- Medical testimony on the probability or improbaility of conception
- D’s acknowledgment of paternity
When may a husband who is not the bio father of his wife’s child be estopped from denying his responsibilty to pay child support?
- There is a represenation by H taht he would provide for the child.
- The W relied on his representation, AND
- The W suffered an economic detriment as a result of the reliance
How does a court obtain
personal JD over an OOS parent?
Pursuant to a long-arm provision in the
Uniform Interstate Family Support Act
(UIFSA)
What is UIFSA?
Uniform Interstate Family Support Act
Used to gain personal JD over an OOS parent
When will a court be found to have
personal JD over an OOS parent?
When the parent:
* is personally served w/in the state or consents to JD
* resided in the state with the child in the past
* engaged in sex in the state and the child may have been conceived by that act
Enforced under UIFSA
What are two methods for calculating child support?
Income Shares Model: child should receive same proportion of parental income as if the parties continued to live together (most states)
Percentage of income model: determines min amt by using % of the non-custodial parent’s net income, based on the # of children supported
What is required when a court decides to deviate from child support guidelines?
The court must set forth specific findings explaining and supporting the deviation.
What is the standard when considering
whether to modify child support?
A substantial change in circumstances regarding the child’s needs or the parents’ financial situation that is expectedd to be continuing.
When is child support terminated?
- age of majority
- child marries
- parental rights are terminated
- the child or parent dies
- MAY be terminated if child emancipated before majority
When may child support be extended?
Child in college; disabled adult child who is unable to support himself
When can a court w/out continuing JD in another state modify a child-support obligation?
- When all parties (incl. child) no longer reside in the state
- Parties expressly agree to permit another state to exercise JD
What options are available for enforcing support awards?
- Civil contempt: can be sent to jail until amount owed is paid in full
- Criminal contempt: jail sentence upon one who willingly fails to pay
- Other: intercept tax refund, report to credit bureau, susp of driver’s license, seizure of assets, garnishment of wages, ordering payment of atty’s fees
