Spousal & Child Support Flashcards
Upon divorce, one spouse may be court ordered to provide spousal support…
…to maintain the former spouse’s standard of living and limit any unfair economic effects of a divorce.
Uniform Marriage and Divorce Act - Maintenance
UMDA
Court may order maintenance only if the spouse seeking:
1) lacks sufficient property to provide for reasonable needs
2) is unable to support himself through employment / or is custodian of child whose condition makes it so can’t get employment
Factors Determining Spousal Support
Relevant factors a court will consider:
1) duration of marriage
2) standard of living established during marriage
3) contribution of parties during marriage
4) financial resources of parties (earning potential)
5) time necessary for spouse to obtain education/training for appropriate job
6) age, physical, emotional condition of parties
7) ability of paying spouse to meet their needs while supporting other spouse
Child Support Guideline Responsibility
A biological parent is legally responsible for a child, whether or not child was intended or wanted.
Factors in Child Support Guidelines
1) all earnings and income of non-custodial parent
2) based on specific descriptive and numeric criteria to compute support obligation
Modification of Support
Most states it can only be modified when there is a substantial and continuing change in circumstances, making prior order unreasonable.
UMDA Modification of Support
Modification only allowed when changed circumstances so substantial and continuing it makes terms unconscionable
Uniform Interstate Family Support Act
States must give full faith and credit to child/spousal support orders of other states.
JX of Issuing State
An issuing state has continuing, exclusive jx over a controlling order if:
1) state is residence of one of the parties, or
2) all parties consent on record, in open, court, that stae may continue jx.
Permanent Spousal Support
Paid to support a spouse who has neither the resources or ability to be self-sustaining.
Lump Sum Spousal Support
Fixed amount payable at once or via series of payments. Often the present value of permanent periodic support.
Rehabilitative Support
Periodic payments for a limited time to enable spouse to gain skills to become self-supporting.
Reimbursement Spousal Support
Occasionally awarded to a spouse who supported the other spouse while the latter obtained a professional license or degree.
