Financial support of spouses and children Flashcards
Define spousal, maintenance or alimony
One spouse is monetary obligation to provide the other spouse with support in the form of income. It is awarded if the recipient cannot provide for their own needs.
What are the factors in consideration of an award of spousal maintenance?
Typically include financial resources including
property to be awarded in the divorce,
Child support,
spouses earning potential
other spouses ability to pay support
spouses standard of living
time to find employment or complete an education or training necessary for a job
length of marriage
contribution to the marriage
age and physical and mental health of each spouse and
marital misconduct.
What are the different types of support?
Lump sum - a fixed amount that cannot be modified in the absence of fraud
Permanent - an award for the remainder of the dependent spouses life, and typically awarded only when the marriage was one of a long duration
Limited duration - typically awarded when the marriage was short duration, but there is still an economic need for support
Rehabilitative - to enhance and improve the earning capacity of the economically dependence spouse for a limited period of time such as spouse, receives education or employment
Reimbursement - to compensate, a spouse, financial sacrifices, made during the marriage that resulted in a reduced standard of living to secure an enhanced standard of living in the future
Palimony - support provided by one unmarried cohabitant to another after the dissolution of a stable, long-term relationship 
When can a award of spousal maintenance be modified?
The receiving spouse remarries, or begins cohabitating with someone who is not family, retirement or death
When is spousal maintenance? Not modifiable
Willful or voluntary reduction in income
The party seeking modification of a spouse, so maintenance award typically has a burden of establishing what
Significant and continuing change, in circumstances in the needs of the defendant spouse, or financial abilities of obligor, that warrant the modification
Who is entitled to child support?
The child not the parents
True or false both parents, regardless of marital status are legally required to support their minor children
True, each parents respective obligations of support are adjusted as physical possession of a child changes between parents
True or false visitation rights can be denied for nonpayment of child support
False
True or false parents can enter into private agreements regarding child support payments
True, but they cannot agree to any release or compromise. It would negatively affect the child’s welfare.
In what ways can paternity be established?
Blood test ordered by the court
Prior statements regarding paternity by deceased family members
Medical testimony, on the probability or improbability of conception
Defendants knowledge of paternity
True or false it’s unconstitutional to put a time limit on filing a paternity petition
True, unless there is a reasonable opportunity to pursue such an action, and the limit is substantially related to the governments, interest in restricting such action
What is the marital presumption for children born during marriage?
The law presumes of child born to a married woman, is the child of that woman and her husband
When is a husband who is not the biological father of the wife’s children a stop from denying his obligation of pay child support
There is a representation by the husband that he would provide for the child
The wife lied on his representation , and
The wife suffered an economic detriment as a result of the reliance
How does a court obtain personal jurisdiction over an out-of-state parent?
Pursuant to a long arm provision in the Uniform Interstate Family Support Act
