Support and Custody Flashcards
what is spousal support and what is its purpose
Spousal support (a.k.a. “maintenance” or “alimony”) can be awarded if a spouse’s separate property is insufficient for maintenance
Purpose — ensures sufficient income for a spouse who became economically dependent, in whole or in part, due to the marriage relationship
who decides whether/how much spousal support is awarded
courts have significant discretion in determining whether and to what extent to award spousal support; needs are determined under the totality of the circumstances
- can be awarded short-term or indefinitely, and as a lump sum or periodic payments
what are the different types of spousal support
1) Permanent Periodic
2) Rehabilitative
3) Lump Sum
4) Reimbursement Spousal Support
what’s involved with permanent periodic spousal support
- pay $X/month until death or remarriage
- indefinite period
- can be modified/terminated based on proof of substantial change of circumstances
what’s involved with lump sum spousal support
- fixed amount payable either all at once or over a series of payments
- specified time period
- cannot be modified (even if spouse being supported dies it goes to their estate)
what is rehabilitative spousal support
- support spouse while their income earning capacity is increased (ex. give $1k/month for 48 months while they go to college)
- specified period of time
- modifiable
- can be awarded in addition to periodic payment or lump sum
what is reimbursement spousal support
- occassionally awareded to a spouse who supported the other spouse while the latter was obtaining a professional license/degree
- lump sum amount so not modifiable and is a specified period of time
what are relevant factors in determining spousal support
two biggest are needs of the claimant and ability of the other spouse to pay
- Financial resources of each party
- Standard of living established during the marriage
- Time necessary for party seeking support to obtain employment (including education and training)
- Contribution of each party to the marriage, including childcare, career support of the other spouse, contributions to the home, etc.
- Ability of the spouse paying support to meet their own needs
- some states will consider marital fault here (won’t in property division)
how is child support calculated
each state has guidelines to determine the proper amount of child support owed
- Guidelines are usually based on a formula that considers number of children, their ages, healthcare needs, any special needs, and parents’ incomes
- Time share—how much time the children live with each parent—is also a factor
how long do child support obligations last
generally last until the child reaches the age of majority or is otherwise emancipated
what is the relationship between child support and visitation rights
Independent from visitation rights — custodial parents cannot deny visitation rights based on a parent’s failure to make child support payments
what effect does the full faith and credit clause have on jx and child support
full faith and credit is given to child support orders issued in other states as long as the issuing court had proper jx and the parties had reasonable notice and an opportunity to be heard
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The issuing court has continuing exclusive jx to modify the order if the child or one of the parties resides in-state (unless parties have moved out of state but consent to the issuing court’s ongoing jx)
what are the different types of child custody
Legal custody — right to make major decisions affecting the child’s life
Physical custody — possession and control of the child
Joint custody — can be either or both of:
- Parents share decision-making but child lives with one parent
- Child divides time between each parent’s home
what factrors will a court look to in determining child custody
first and foremost, the best interests of the child + who was the primary caregiver; also will look at:
- Parents’ wishes;
- Child’s wishes (if they’re 8 or older, 12+ given more weight);
- ability of parents to communicate w/ each other about the child’s well-being
- Interaction and interrelationship of child with parents, siblings, and others who affect the child’s best interests; and
- Child’s adjustment to home, school, and community
what’s the deal with visitation rights when one parent is granted sole physical custody
when one parent is granted sole physical custody, the other parent is entitled to visitation
Exception — visitation rights may be denied if court determines it would endanger the child’s wellbeing
