Support & Custody

Question 1

Spousal Support

Answer 1

Spousal Support (aka “maintenance” or “alimony”) can be awarded if a spouse’s separate property is insufficient for maintenance

/ Discretion - courts have significant discretion in determining whether and to what extent to award spousal support needs are determine under the totality of the circumstances

/ Purpose - ensures sufficient income for a spouse who became economically dependent, in whole or in party, due to the marriage relationship

/ Terms - can be awarded short-term or indefinitely, and as a lump sum or periodic payments.

Question 2

Spousal support factors

Answer 2

relevant factors in determining spousal support include:
/ 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 to the other spouse, contributions to the home, etc.

/ Ability of the spouse paying support to meet their own needs

XXX Marital Fault - is not a relevant factor in most states

Question 3

Child Support

Answer 3

Both parents have an absolute duty to support their children

Question 4

Child support guidelines & formulas

Answer 4

each state had guidelines to determine the proper amount of child support owed

// Guidelines are usually based on a formula that considers number of children, their age, healthcare needs, any special needs, and parents’ incomes

Question 5

Child support duration

Answer 5

Duration - child support obligations generally last until the child reaches the age of majority or is otherwise emancipated

Question 6

Is child support independent from visitation rights?

Answer 6

Custodial parents cannot deny visitation rights based on a parent’s failure to make child support payments

Question 7

Child support jurisdiction

Answer 7

full faith and credit is given to child support orders issued in other states as long as the issuing court had property jx and the parties has reasonable notice and an opportunity to be heard

// 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)

Question 8

Types of child custody

Answer 8

1. Legal Custody - right to make major decisions affecting the child’s life
2. Physical Custody - possession and control of the child

3. 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

Question 9

Custody factors

Answer 9

In determining custody, courts focus on the child’s best interests, looking at multiple factors, including:

/ Parent’s wishes
/ Child’s wishes (given more weight if child is older, but significantly less weight for young children i.e., under eight)
/ Ability and willingness of each parent to provide for child’s needs;
/ Interaction and interrelationship of child with parents, siblings, and others who affect the child’s best interest; and
/ Child’s adjustment to home, school, and community

Question 10

Visitation Rights

Answer 10

Visitation - 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
/ Non-parents - may be given visitation rights if:
(i) the non-parents has a substantial relationship with the child;
(ii) non-parent visitation is in the child’s best interests; and
(iii) a fit parent does not object

Question 11

Modification of Support & Custody Decrees

Answer 11

Once a court enters a decree regarding spousal support, child support, or child custody, the decree generally is only modifiable upon a showing of a significant change in circumstances

/ significant change in circumstances required - standards differ slightly for each, but if modification arises on the exam, look for and note any significant change in circumstances

Question 12

Spousal support modification

Answer 12

changing a support award requires a substantial, material, and unanticipated change in either party’s circumstances

/ Self-induced changes - generally will not justify modifying a support order (e.g., party cannot voluntarily take a lower-paying job and get reduced support obligations

Question 13

Child support modification

Answer 13

Child support orders are modifiable based on a substantial change in circumstances that affects either:

a) the needs of the children, or
b) the ability of the parent to pay
/ Self-induced changes - same rules as for spousal support

Question 14

Child custody modification

Answer 14

Modification of a child custody order requires the parents to show a substantial, material change in circumstances

// Courts will not change a custody order unless the change is in the child’s best interest