Williams 2022

Question 1

How is child support enforced in a different state?

Answer 1

Under the Uniform Interstate Family Support Act, a child support order is registered in the new state and that state enforces it.

States are required to give full faith and credit to another state’s support order.

Question 2

Which court has jurisdiction to modify child support?

Answer 2

Only the issuing court has jurisdiction to modify a child support order, unless no party lives there or all parties consent to a new jurisdiction.

Question 3

What is the standard to modify child support?

Answer 3

Child support will only be modified upon a substantial and continuing change in circumstances making the prior order unreasonable.

Question 4

What can show a substantial and continuing change for child support modification?

Answer 4

A significant decrease in income can be a substantial and continuing change. The decrease shouldn’t be due to voluntary un- or under-employment, if it is this will be considered on intentions and good faith (in totality).

Question 5

Are child support modifications retroactive?

Answer 5

Child support modifications are not per se retroactive. Modification may be dated back tot he filing and notice of petition.

Question 6

What is considered for spousal support?

Answer 6

Generally, the financial resources and needs of the parties, their marital contributions, and the duration of the marriage.

Question 7

What are the party’s needs based on when considering spousal support?

Answer 7

The need for spousal support is based on the standard of living enjoyed by the parties during the marriage, and if the recipient spouse will be able to achieve that level of economic sufficiency within a reasonable time.
the health, separate assets, and share of marital assets will also be considered.

Question 8

When is marital misconduct considered in determining support or property division.

Answer 8

Most states do not consider misconduct in property division or spousal support, unless it is financial misconduct. When misconduct is considered, it is generally limited to spousal support considerations.

Question 9

When may spousal support be modified?

Answer 9

Spousal support will only be modified on a substantial and continuing change in circumstances that wasn’t anticipated at the time of award.

Question 10

What courts have jurisdiction to grant a divorce?

Answer 10

As long as one spouse is domiciled in a state, that state has jurisdiction to issue a divorce.
Domicile is based on residence with the intent to remain, some states limit this by statute.

Question 11

For child custody purposes, what is a child’s home state?

Answer 11

A child’s home state has exclusive jurisdiction over custody.
A home state is the state where the child lived with parent or one acting as parent for 6 or more months immediately preceding the action.

Question 12

When does a home state have jurisdiction over a custody matter?

Answer 12

When the state is the home state on the date of commencement, or was the home state within 6 months prior and a parent or one acting as parent lives there and no other court has jurisdiction.

Question 13

What court has custody jurisdiction when no state is the home state?

Answer 13

When no state has home state jurisdiction, or decides not to exercise jurisdiction, the state where the child and at least 1 parent has sufficient connection, and there is substantial evidence available can have jurisdiction.

Question 14

What is Cruelty as a divorce ground?

Answer 14

Where a state retains at-fault divorces, cruelty is generally bodily harm or reasonable apprehension thereof, that endangers life, limb, or health and renders cohabitation unsafe or improper.
Traditional views was abuse must be physical, successive, and continued, or a single severe physical act. Modern views have relaxed.

Question 15

What is recrimination?

Answer 15

Recrimination is a defense to at-fault, where the filing spouse has committed the same or similar acts.

Question 16

What is the standard for custody?

Answer 16

The best interest of the child is the custody standard in all states.

Question 17

What factors are considered in the best-interest standard?

Answer 17

The wishes of the parents,
The primary caretaker,
The mental and physical health of all persons,
The interrelationship or the parents, child, siblings, and others close to the family,
And stability in home, school, community.

Question 18

When do courts consider the child’s wishes in custody?

Answer 18

Generally courts consider a child’s wishes based on age, maturity, and circumstances.

Question 19

When is child custody modifiable?

Answer 19

Public policy is to protect a child’s best interest, so custody is always modifiable until majority.
A change in adjudicated custody is based on a substantial and material change in circumstances.

Question 20

What doctrine prevents courts from interfering before parties are separated?

Answer 20

The Doctrine of Nonintervention says that courts will not intervene in disputes in intact households.

Question 21

Who has a right to care, custody, and control?

Answer 21

Under Troxel v Granville, a natural parent has a fundamental right to the care, custody, and control under the 14th Amendment.
The parent must be fit.

Question 22

Why is a parent given preference over a non-parent?

Answer 22

There is a presumption that a fit parent will act in the best interests of his or her child.

Question 23

What are the 3 factors considered on premarital agreement enforceability?

Answer 23

Voluntariness
Fairness
Disclosure

Question 24

What do courts look for in terms of voluntariness requirements?

Answer 24

Courts look for fraud, duress, or coercion.

Conditioning a marriage on an agreement does not constitute duress/coercion.

Question 25

When marital agreements set forth child custody or child support?

Answer 25

Courts find premarital agreement provisions relating to children, including custody, visitation, and support, unenforceable.

Question 26

When may courts invalidate a separation agreement?

Answer 26

On a finding of fraud or unconscionability, courts will invalidate agreements or portions thereof.

When a spouse is represented by independent counsel and no evidence of nondisclosure, courts are unlikely to find unconscionability.