Code I (Persons) Flashcards

Question

Fault Based Divorces

Answer 1

Immediate 103(2) Adultery - corroborated proof of adultery 103(3) Felony - death or imprisonment at hard labor 103(4)&(5) Physical/Sex Abuse - upon proof or if there was a protective order or injunction

Answer 2

no-fault - procedural fault - reconciliation or mental condition

Answer 3

civil remedy for victims of domestic violence provides issuance of ex parte temp restraining order contradictory hearing is required within 21 days must prove by preponderance of the evidence

Answer 4

maintain financial status quo until judgment of divorce 1. spouse has a need 2. other spouse has the ability 3. considering any interim or final child support 4. based on standard of living enjoyed during marriage modified if MATERIAL CHANGE and terminated if unnecessary terminated 180 days from judgment FAULT IS IRRELEVANT

Answer 5

1. based on need of spouse 2. ability of other to pay 3. only when claimant is free from fault prior to the filing when receiving fault based divorce or spouse/child was victim of abuse presumed to be entitled to final support

Answer 6

serious misconduct independent contributory OR proximate cause of separation 1. adultery 2. felony 3. abuse spouse or child 4. habitual intemperance or cruel treatment 5. abandonment 6. public and inflammatory defamation 7. attempted murder of spouse 8. failure to live up to marital duties Reconciliation is defense

Answer 7

TAFCRIEDD 1. Tax consequences of parties 2. age and health 3. financial obligations 4. child custody arrangements 5. Rehabilitation 6. Income and means 7. Earning Capacity 8. Duration of marriage 9. Domestic Abuse

Answer 8

materially change of either party

Answer 9

income assignment if judgement for arrearages MUST award attorney's fees to other

Answer 10

1. remarriage of obligee 2. death of either 3. judicial determination obligee has cohabitated with another person in manner of married persons

Answer 11

Authentic act under private signature duly aknowledged anytime prior or during marriage or after divorce CANT WAIVE INTERIM

Answer 12

factors 1. contributing spouse's expected shared benefit 2. degree of detriment 3. benefit received by recipient spouse Prescribes 3 years after divorce

Answer 13

half of earning spouse's income used for joint living expenses subtract half of student's spouse's income used for joint living expenses add cost of direct education expenses

Answer 14

PAPA HELPS CHAMP 1. Potential for abuse 2. Abusive History (alcohol, violence, etc.) 3. Prior Relationships (time in stable environment) 4. Ability to Nurture (love and guidance) 5. Health (mental and physical) 6. Emotional ties (between parties and child) 7. Location (distance between) 8. Preference of Child (reasonable) 9. Stability (permanence as family unit) 10. Cooperation with Other Party (Except when abuse is present) 11. History (home, school, community) 12. Ability to provide (meet child's needs) 13. Moral Fitness (as it affects welfare of child) 14. Past Caregiver (responsibility of care)

Answer 15

Bergeron Considered Decree 1. continuation of present custody is do deleterious as to justify modification; OR 2. by clear and convincing evidence harm likely to be caused by change outweighed by advantages to child Consent Custody Judgments 1. a material change 2. proposed modification is in best interest of the child

Answer 16

1. in accordance with parents agreement (unless not in BIOC) 2. absent agreement or not in BIOC typically joint custody

Answer 17

MUST ALLOCATE: 1. physical custody time periods 2. legal authority of parents 3. Designate a domiciliary parent

Answer 18

to make all decisions affecting the child unless implementation order says otherwise presumed BIOC NO CO-DOM parents

Answer 19

clear and convincing evidence to serve BIOC

Answer 20

if joint or sole would result in substantial harm custody awarded to another whom the child has been living in a wholesome and stable environment or able to provide adequate environment

Answer 21

Not granted custody or joint custody is entitled to reasonable visitation unless not in BIOC

Answer 22

parents are not married or living together, or married and filed for divorce grandparent's and under EXTRAORDINARY circumstances siblings or other relatives may be granted visitation if in BIOC

Answer 23

presume no custody and only supervised visitation can overcome presumption (treatment program, no drugs or alcohol, in BIOC)

Answer 24

must give notice to parent or other with custody or visitation when moving out of state, or 75 miles or more within state Failure to give notice may constitute change of circumstance for modification Parties with equal custody MUST obtain court authorization or written consent from other party

Answer 25

Home State Jurisdiction Test: 1. child's home state which child lived with parent (>6mths or since birth if younger) 2. Was home state and is absent but parent lives in state 3. had been home state w/in last 12 months by emergency or disaster prevents return Home state does NOT apply when no other state accepts J and: 1. child and at least one parent have significant connection with sate AND 2. substantial evidence concerning child is in the state

Answer 26

court that makes initial custody or visitation ruling has exclusive continuing J until: 1. child and parent no longer reside in state OR 2. child no longer has significant connections and substantial evidence is no longer available

Answer 27

must have initial J and: 1. other court determines no longer has J OR 2. LA court or other state court determines parties no longer reside in that state

Answer 28

child is present and has been abandoned or it is necessary to protect child, sibling, or parent from abuse

Answer 29

Initial Hearing: where party is domiciled OR parish of last matrimonial domicile Change Custody: parish where person awarded custody is domiciled OR parish where custody decree was entered joint custody = parish of domiciliary parent

Answer 30

based on needs of child and ability to pay

Answer 31

Income = actual or potential income if parent is voluntarily un or underemployed 1. determine each party's gross income 2. subtract preexisting child or spouse support paid to another not a party or on behalf of another child 3. Combine parties adjusted gross income and compute share as percentage 4. look to child support schedule 5. equal time = child support obligation x1.5 6. adds cost of health insurance and care costs 7. multiply by party's percentage

Answer 32

until majority or fully emancipated when student beyond 18 until 19 or graduating high school whichever is first Child with disability regardless of age adult child if in need and is limited to basics upon proof of inability

Answer 33

by a summary contempt proceeding makes past due amounts executory and legal interest is awarded on payments due generally awarded attny fees

Answer 34

proof by a preponderance of the evidence

Answer 35

husband of mother presumed to be father of child born during the marriage or within 300 days of termination of marriage If remarried 1st is assumed, if 1st disavows 2nd presumed

Answer 36

husband (or heirs) be clear and convincing evidence within 1 year of birth or day in which husband knew or should have known he might not be biological father

Answer 37

remarried mother established former husband is NOT father and present husband is...IF present husband acknowledged by AUTHENTIC ACT Mother must prove by clear and convincing evidence must be instituted by mother within 180 days from her present marriage AND within 2 years of birth

Answer 38

blood or tissue shows 99.99% that biological father is the father and NOT husband or former husband mother, bio father, and PRESUMED father sign authentic act declaring bio father MUST be executed before child turns 10 and within one year of the child's death

Answer 39

man marries mother of child is presumed father if he acknowledges by authentic act CHILD MUST NOT BE FILIATED TO ANOTHER MAN mother must concur in form of judicial act Father may disavow paternity subject to 180 day peremptive period from day of marriage or acknowledgment whichever is later

Answer 40

child NOT filiated to another man by signing authentic act sufficient to establish obligation to child and visition ANYONE may rebut may be annulled w/o cause w/in 60 days after must be by clear and convincing evidence it was induced by fraud, duress, mistake or other is father

Answer 41

even if presumed to another (dual paternity is OKAY) father alive = preponderance of the evidence Father dead = clear and convincing within one year of death of father for succession purposes

Answer 42

preponderance of the evidence presumed child of another = within one year of birth (unless mother in BF) one year from knowing or should have known within one year of child's death PEREMPTIVE

Answer 43

mother identifies father and he fails to contest

Answer 44

may adopt from both parents

Answer 45

support, maintain, and educate vicariously liable for torts of children

Answer 46

care for ill parent and may not leave home without consent, obey parents in all lawful and moral matters

Answer 47

child not under parents must be under tutorship may be divided over the person and over the property

Answer 48

parents are natural tutors of their children

Answer 49

belongs exclusively to parent dying last

Answer 50

court will select if none appointed or necessary

Answer 51

orphan with no tutor or relations court will appoint

Answer 52

minor is properly reared and educated right and obligation to administer minor's estate required to file annual accounting of property fiduciary duty to tutee action against tutor prescribes 4 years from majority

Answer 53

minor, his parents, or minor and parents jointly file For good cause court can order full or limited emancipation of minor 16 or older good cause = parents need protection from liability of minor's acts (runaway), minor needs capacity to enter juridical acts, parents treat minor poorly

Answer 54

minor is fully emancipated when married

Answer 55

when minor reaches 16 authority for juridical acts stated in act

Answer 56

ordered when a person is incapable of caring for himself and administering his estate due to an infirmity limited when capable of himself or estate

Answer 57

court must appoint 18 or older and not interdict, resident of louisiana, or have a registered agent exercise reasonable care, diligence, and prudence and act in best interest

Answer 58

no rep in state and cannot be located with diligent effort court may appoint curator to manage property in state

Answer 59

absent for 5 years is presumed dead interested person may petition court for declaration and determination of date of death

Answer 60

absence between 8/26/05 and 9/30/05 and was related to the hurricanes and not charged with felony currently is presumed dead after 2 years

Answer 61

declared dead can recover property alienated = net proceeds encumbered = diminution in value Absent appears w/in two years from date of final judgment of possession: demand immovable property by onerous title if acquired by heir not entitled to fruits from his successors or improvements