Support & Custody Flashcards
Types of alimony
rehabilitative permanent limited duration reimbursement lump sum
when is spousal support generally awarded
when a spouse’s separate property is insufficient for maintenance
factors considered in determining spousal support award
financial resources
std of living
time for spouse to seek employment or education
ability of spouse to meet own needs
contributions during marriage to “home making”
is marital fault considered when determining spousal support
no not in most states
Child’s right to support
both parents have an absolute duty to support their children
Duration of child support
until child turns 18 or emancipated
when is a child emancipated
lives on own and supports self
legal custody
right to make major life decisions re child
physical custody
possession and control of child
joint custody
child divides time between homes when parents are willing and able to cooperate
child custody factors
parents wishes
child’s wishes (sliding scale per maturity)
ability and willingness to provide for child’s needs
best interests of the child
Visitation rights
when one parent has sole custody, the other is granted visitation
when would a court deny visitation
if it would endanger the child’s well being
when can a non-parent get visitation rights
non-parent has substantial relationship w child
visitation is in child’s best interests
fit parent does not object
what is the standard for modification of spousal support, child support, and child custody
significant change in circumstances
