Family Law Flashcards

Question

transmutation of separate prop

Answer 1

separate prop becomes marital prop based on intention

Answer 2

ct will grant reimbursement for value added Distinguish b/n efforts and marital funds help improvement vs. market factors

Answer 3

Cts split Majority seems to be prop should be apportioned b/n separate and marital estates in proportion to the contribution of separate and marital funds to pay for the prop

Answer 4

marital prop pension earned during a marriage

Answer 5

Not marital prop subject to distribution But will be considered in an award of alimony

Answer 6

prop division is not considered a taxable event

Answer 7

Age, education, background, earning capabilities Duration of marriage Standard of living Present incomes Source of money Health Sserts,debts, and liabilities Needs of parties Child custody provisions Alimony Opportunity to acquire future income Contribution to the acquisition of existing marital assets Contribution as a homemaker Economic fault

Answer 8

in kind ( actually dividing the assets) Contribution ( awarding assets to one spouse and money to the other)

Answer 9

Permanent periodic support Paid regularlyy to support spouse who has neither the resources nor the ability to be self sustaining Lump sum support Present value of permanent periodic support Paid in installments or lump sum Not modifiable , survives death of either spouse Rehabilitative support Limited Support to rehabilitate to becom self sustaining For specified period to gain skill or education Reimbursement support When one spouse paid for other to get a degree Reimburse spouse to extent other spouse to get degree and earning power and other spouse didnt see benefit of degree not modifiable and survives death of either spouse

Answer 10

Standard of living during marriage Duration of marriage Age and physical and emotional conditions of both parties Financial resources of each party Contribution of each party Time needed to obtain education or training Ability of payor spouse to meet own needs Some jurisdictions: marital fault

Answer 11

Periodic spousal support may be modified if there is a substantial change in circumstances regarding need of receipt spousal or ability of payor spouse to pay or legal obligation to new spouse or children ( not stepchildren)

Answer 12

Recipient remarries Either spouse dies Most jurisdictions: cohabitation with another

Answer 13

Before 2019 are income to recipients and deductible of payor Post 2019 alimony is not a taxable event

Answer 14

Entered into after marriage Enforceable if supported by consideration Can waive alimony and equitable distribution of property Can agree on custody and child support But ct is not bound to be enforceable must be entered into voluntarily and must have been full and fair disclosure by both parties Modifying Whether merged into divorce degree or not if merged = status of a ct judgment not merged = enforceable as contract Child support and custody always modifiable for best interest

Answer 15

K for cohabitation is valid unless only consideration is sex Agree to division of earning and property rights Implied contracts could be found Constructive trust

Answer 16

visitation cannot be withheld bc of failure to pay child support Age of majority Death of child Emancipation of child Termination of parental rights Child still in high school after 18 then can still pay Wont pay for college unless agree

Answer 17

Original jurisdition Where first filed Can be somewhere else if filed in diff jurisdiction before expiration to answer in first Petitioner objected to 1st juridiction second state is Home state of child Jurisdiction to enforce Initially issued the award Direct enforcement: obilgee can mail to employer Registration : register order in new state Give full faith and credit Jurisdiction tomodify Ct that issue had continuing and exclusive jurisdiction to modify Unless no one resides or they agree to diff jurisdiction Modifiable based on substantial and continual change of circumstances child support arent taxable

Answer 18

past due installments of support cant be retroactively modified Can be enforced through civil or criminal court Revocation of licenses ( drivers, law, hunting) Revocation of prop

Answer 19

Home sate: state where child has lived or was homstate within past 6 consecutive months and parent still lives there Deferred jurisdiction One parent and child have significant connection with state Substantial evidence concerning child is available in that state

Answer 20

Issuing ct has continuing exclusive jurisdiction Another state can only exercise jurisdiction No child or parent continues to reside in the issuing state or Child no longer has a significant connect with the issuing state and substantial evidence relating to the matter is no longer available in that state

Answer 21

If proper proceeding elsewhere Or person who wants jurisdiction is engaged in unjustifiable conduct Forum non conveiens clause

Answer 22

May exercise to protect the child

Answer 23

Physical (residential or custodial) The right of an adult or agency to have a child reside with them Custodial parent: the parent with whom that child is living; the parent with physical custody of the child non custodial parent: that parent who is not living with the child; te parent who does not have physical custody of the child; parent who visits with a child Visitation: the right to have access to a child who resides with another, or actual time spent by a noncustodial parent with the child Legal The right to make major decisions on health, education, religion, discipline and general welfare Sole (legal and /or physical custody) One parent/ agency is granted one or both types of custody Joint (shared legal and/or physical) custody Both parents are granted one or both types of custody

Answer 24

best interest of the child Factors considered when awarding Parents wishes Child’s preference Child’s relationship with parents, siblings, and others involved with parents Child’s adjustment to home, school, and community Parties mental and physical health Primary caregiver

Answer 25

Allows can be modified Substantial and material change of circummstances Some states say parents wait certain timm

Answer 26

Changing child’s primary residence Whether relocation is in child’s best interest Move motivated by a benefit to the family? Move intended to harm relationship with other parent?

Answer 27

contempt proceedings state habeas corpus proceedings suits in equity Out of state decrees will be enforce if a certified copy has been filed w/ clerk of ct Wont remove original state continuing exclusive jurisdiction PKPA = Federal parental kidnapping prevenion act emergency Jurisdiction is not temporary, could be permenant full faith and credit international PArental Kidnapping prevention act (IPKCA) and Hague convention on child abduction provides relief when child wrongfully removed to a foreign country

Answer 28

Constitution protection Intermediate scrutiny

Answer 29

action determining parents= Rights to custody and paying child support Presumptions Mother’s spouse during marriage Born w/i 300 days of termination of marriage Clear and convincing evidence to rebut presumption Unwed fathers est rights by After birth marrying child’s mother Holding out child as bio child Consenting to be named on birth certificate Acknowledging paternity Court order Show parental responsibility : education, supervising Paternity suit Once paternity est can assert right SoL = 18 years Custody / visitation Statute of limitations tolled during minority of child Blood and tissue sampling Some states allow testimony

Answer 30

Voluntary termination Involuntary termination Child in need of care Child in dangerous state or Events Infliction of serious physical harm Abandonment Neglect or deprivation Failure to provide support Mental health of parent that results in inability to care for child Parental unfitnes

Answer 31

goal : Reunite child and parent Suitable home for child Agency adoptions Facilities as intermediaraties Privacy adoptions Done with lawyers Requirements Termination of biological parents’ rights Creation of adoptive parents’ rights Records are sealed unless bio parents consent Consequences Termination of bio parents rights and obligation Creation of adoptive parents rights and obligation Some states: child may still inherit from biological parent

Answer 32

surogacy Alternative to adoption Uniform parentage act : UPA Woman who gives birth is child mother unles K in surrogacy Named as mothre by court order no need for adoption Father by assisted fertility Egg and sperm donor are not parents through assited conception Can agree in writing to have relationship Posthumous conception Born after death Full inheritance rights with written parent’s consent Gestational agreements Surrogacy agreements Surrogate: gestational mother Gestational carrier agreement Must be in writing and approved by court Voluntary by all parties Any consideration must be reasonable Nt affeccted by subsequent marriage or divorce May be terminated before embryo transfer

Family Law Flashcards

(56 cards)