Family Law

Question 1

Ceremonial Marriage requires

Answer 1

License, Capacity, and Solemnization (ceremony)

Question 2

Common-law marriage requires

Answer 2

Agreement they are married, cohabitation, and holding themselves out as married.

Question 3

Marriages are void for what three things?

Answer 3

Prior existing marriages, Incest, and mental incapacity at the time of marriage

Question 4

Marriages are voidable for?

Answer 4

Age, impotence, intoxication, fraud, duress, or lack of intent

Question 5

Are children of an anulled marriage considered marital children?

Answer 5

Yes

Question 6

Putative marriage doctrine allows what?

Answer 6

A party of a ceremonial marriage who believed in good faith that the marriage is valid to use a state’s divorce provisions if the marriage is later found to be void

Question 7

What are the seven grounds for at fault divorce?

Answer 7

Adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, institutionalization for insanity

Question 8

What defenses are available to at fault divorce?

Answer 8

Many: recrimination, unclean hands, connivance, condonation, collusion, provocation, insanity, consent, justification, religion

Question 9

Nonmarital property includes?

Answer 9

Property acquired before the marriage, property excluded by the parties valid agreement, property acquired by gift or inheritance, and awards or settlements for causes of action accruing before the marriage

Question 10

What types of alimony (spousal maintenance) are there?

Answer 10

Lump sum, permanent (long marriage), limited duration (short marriage), rehabilitative (improve earning capcity), reimbursement (rarely granted).

Question 11

Can visitation rights be denied for nonpayment of child support?

Answer 11

No

Question 12

Can nonmarital children inherit from their father’s estate?

Answer 12

Yes, if paternity was proven prior to the fathers death, the father adopted the child, the father holds himself out as the father

Question 13

A husband can be estopped from denying his obligation to pay child support for his wife’s non-biological child when?

Answer 13

There is a representation that he would provide, the wife relied on this representation, and the wife would suffer economic detriment if he did not.

Question 14

Courts have personal jurisdiction over out of state parents for child support by?

Answer 14

The long-arm provision of the Uniform Interstate Family Support Act

Question 15

What does a child receive under the income-shares model?

Answer 15

The same proportion of parental income as if the parties continued to live togeter

Question 16

When can child support be modified?

Answer 16

There is a substantial change in circumstances

Question 17

When can child support be terminated?

Answer 17

Emancipation, child marries, or death

Question 18

What courts have jurisdiction to modify child support?

Answer 18

The court that rendered the order if that court has continuing jurisdiction, otherwise a state where there is a significant connection.

Question 19

Under the Uniform Child Custody Jurisdiction and Enforcement Act, what courts have jurisdiction to enter, modify custody or visitation orders?

Answer 19

Home state first, significant connection, default jurisdiction.

Question 20

What is the standard for determining child custody?

Answer 20

Best interest and welfare of the child.

Question 21

When does an unwed biological father have a right to contact with his child?

Answer 21

When he demonstrates a commitment to the responsibilities of parenthood

Question 22

When can a parents religious beliefs be overriden by a court for medical care?

Answer 22

When necessary to prevent serious harm to the child

Question 23

What can a separation agreement define?

Answer 23

Property divsion, spousal support, child support, custody, and visitation

Question 24

Premarital agreements are enforceable if?

Answer 24

There is full disclosure of finances, the agreement is fair and reasonable, and the agreement is voluntary. (also in writing and signed by party to be charged)

Question 25

Are provisions of a premarital agreement preventing modification of child support enforceable?

Answer 25

No

Question 26

Are provisions of a premarital agreement preventing modification of property rights and spousal support enforceable?

Answer 26

Yes

Question 27

Under the adoption and Safe Families Act, when can a state move to terminate parental rights?

Answer 27

When the child has been outside of the home and not with a relative for 15 of the past 22 months and reunification attempts have been provided

Question 28

What courts have jurisdiction for divorce and alimony?

Answer 28

Ones with personal and subject matter jx

Question 29

When do courts give full faith and credit to divorce decrees of other states?

Answer 29

if the sister state had proper jurisdiction and the decree is valid in the sister state

Question 30

When does a state have jurisdiction to enter a divorce decree?

Answer 30

When one spouse is domiciled in the state granting divorce

Question 31

What is the effect of an ex parte divorce on division of property?

Answer 31

An ex parte divorce decree has no effect on disputes over marital property, unless the property is located within the rendering state.

Question 32

When can a state exercise jurisdiction to enter a child custody decree?

Answer 32

Under the UCCJEA, a state may exercise jurisdiction if it is the home state of the child at the time the proceedings began or within six months of the proceedings and a parent still resides within the jurisdiction. Unless no other state has or accepts home state jurisdiction, in which case a state with a significant connection and substantial evidence concerning the child can take jurisdiction.

Question 33

What is the child’s home state?

Answer 33

A child’s home state is the state in which the child lived with a parent (or a person acting as a parent) for six consecutive months prior to the commencement of the proceeding.

Question 34

Do states have to enforce other states’ custody orders?

Answer 34

The federal Parental Kidnapping Prevention Act (PKPA) requires states to enforce a custody order of another state, but only if the state entering the decree had some home state jurisdiction. The jurisdictional standards are substantially similar to those in the UCCJEA.

Question 35

When can a state modify a custody order of another state?

Answer 35

Under the federal Parental Kidnapping Prevention Act, a state may not modify a custody order if one of the parties continues to reside in the issuing state and, under that state’s laws, the court continued to have and does not decline jurisdiction. Under the Uniform Child Custody Jurisdiction and Enforcement Act, which was been adopted by nearly every state, the court that made the initial custody determination has continuing, exclusive jurisdiction over the matter until that court determines that: neither the child nor the parents continue to reside in the state, or the child no longer has a significant connection with the state and substantial evidence relating to the child’s care, protection, training, and personal relationships is no longer available in the state.

Question 36

What factors do courts consider when awarding custody?

Answer 36

The standard to be applied in awarding custody is the best interests of the child. Generally, the factors to be considered in making this determination include: the wishes of the parents, the wishes of the child, the interrelationship of the child with his parents, siblings, and others, the child’s adjustment to home, school, and community, the mental and physical health of all the parties involved, and who has been the primary caregiver of the child.

Question 37

When can a custody order be modified?

Answer 37

When there is a substantial, material change of circumstances warranting modification of the custody order (e.g., removal of a child from the jurisdiction).

Question 38

When do states have to give full faith and credit to the child support orders of other states?

Answer 38

Full faith and credit must be given to another court’s child support order if: the court had jurisdiction over the matter and the parties, and the parties had reasonable notice and an opportunity to be heard.

Question 39

How can courts modify child support orders of other states?

Answer 39

The court that issued the child support order has continuing and exclusive jurisdiction to modify it. Other states can only enforce the order unless no party resides in the issuing state or the parties consent to jurisdiction elsewhere.

Question 40

When can child support be modified?

Answer 40

Child support is modifiable based on a substantial change of circumstances, e.g, changes in employment, growth of the child, inflation, income, retirement, disabling illness (NOT a voluntary decrease in income). Child support cannot be modified retroactively.

Question 41

What is the purpose of spousal support?

Answer 41

The purpose of spousal support is to ensure an adequate income stream for the spouse whose economic dependency has resulted, at least in part, from the marital relationship.

Question 42

What factors do courts consider when awarding spousal support?

Answer 42

(i) the standard of living during the marriage, (ii) the duration of the marriage, (iii) the age and physical and emotional conditions of both parties, (iv) the financial resources of each party, including how marital property was apportioned, (v) the contribution of each party to the marriage (including homemaking, child care, education, and career building of the other party), (vi) the time needed to obtain education or training to enable either party to find appropriate employment, where applicable, and (vii) the ability of the payor spouse to meet his needs while paying spousal support.

Question 43

When is permanent spousal support awarded?

Answer 43

Permanent spousal support is awarded to a spouse who has neither the resources nor the ability to be self-sustaining.

Question 44

When can a marriage be annulled?

Answer 44

When an impediment existed at the time of the marriage that makes the marriage void or voidable.

Question 45

What is marital property?

Answer 45

Property acquired during the marriage, earnings, employment benefits, pensions, and stock options, lost wages due to a personal injury that occurred during the marriage, reimbursement for medical bills paid with marital property, recovery for damages to marital property.

Question 46

When can separate property become marital property?

Answer 46

When it is inextricably intertwines with marital property or when it is treated in a way that evidence an intention for the property to be marital property.

Question 47

What do courts consider when dividing marital property equitably?

Answer 47

Age, education, background, and earning capabilities of both partners; duration of the marriage; standard of living during the marriage; present incomes of both parties; source of money used to purchase the property; health of the parties; assets, debts, and liabilities of rat parties; needs of the parties; child custody provisions; alimony; opportunity to acquire future income and assets; contribution to the acquisition or enhancement of existing marital assets; contribution as a homemaker; economic fault.

Question 48

Rehabilitative spousal support

Answer 48

Periodic payments for a limited time to enable a spouse to gain skills to become self-supporting. Can be modified upon proof of substantial change of circumstances.

Question 49

Lump sum spousal support

Answer 49

Fixed amount payable either all at once or in installments. No modification; treated as a contract right and binding on payor’s estate.

Question 50

What factors does a court consider in awarding child support?

Answer 50

The ability to pay and the needs of the child. Usually arrived at by reference to the state’s child support guidelines, which look at the parents’ income and the number of children.

Question 51

How can states enforce a child support order?

Answer 51

UIFSA allows another state to directly enforce the order (by mailing the order to the obligor’s employer and withholding the support from their income) or by registration (which makes the order subject to the same enforcement procedures as if the order had been issued in that state).

Question 52

Which court has original jurisdiction over child support?

Answer 52

The court where the first petition under UIFSA is filed. A second state can exercise jurisdiction only if the second petition is filed before the time to answer the first has expired, the petitioner objected to jurisdiction in the first action, and the second state is the child’s home state.

Question 53

Which court has original jurisdiction over child support?

Answer 53

The court where the first petition under UIFSA is filed. A second state can exercise jurisdiction only if the second petition is filed before the time to answer the first has expired, the petitioner objected to jurisdiction in the first action, and the second state is the child’s home state.

Question 54

What do courts consider when awarding joint custody?

Answer 54

Fitness of both parents, parent agreement, parents’ ability to communicate and cooperate concerning child’s well-being, child’s preference, level of involvement of each parent in child’s life, geographical proximity of the homes, similarity of the two homes, effect on child’s psychological development, and the parents’ ability to physically carry out the joint custody order.

Question 55

What are the grounds for involuntary termination of parental rights?

Answer 55

Must be proved by clear & convincing evidence. Infliction of serious harm, abandonment, neglect or deprivation, failure to provide support without justifiable cause, mental illness so severe that the parent is incapable of caring for the child, parental unfitness (conduct that seriously harms the child physically or psychologically).