family law Flashcards

Question

improvement

Answer 1

improvements caused by marriage/partner's action, partner is entitled to a share of that property

Answer 2

portion of pension earned during marriage is marital property subject to distribution portion of pension earned during marriage is marital property subject to distribution can offset with other property

Answer 3

court has broad discretion factors: - age, education, background, earning capabilities - duration of marriage - standard of living - incomes and employability - health assets, debts, liabilities needs -child custody - property division in lieu of alimony -contribution to marital assets - contribution as homemakers - economic fault

Answer 4

court has broad discretion to grant spousal support so to aid a spouse who was financially dependent upon the marriage

Answer 5

alimony given to support spouse who has no ability to support themself Modifiable Indefinite duration Ends upon supported spouse's marriage/cohabitation/death of both

Answer 6

alimony given to support spouse in single sum or in periodic payment; temporary duration contract right no modification

Answer 7

alimony given to support spouse who has no ability to support themself but to give them enough to become self-sufficient Modifiable Indefinite duration, ends when spouse can support

Answer 8

alimony payment given to compensate spouse for support they provided while other spouse pursued license or degree contract right no modification

Answer 9

main question: needs of claimant and other spouse's ability to pay - standard of living during marriage - duration of marriage - age physical, and emotional condition - financial resources (property division) - party's contribution to marriage - time needed for party seeking support to obtain training for employment - ability of payor to meet their own needs while paying spousal support - marital support

Answer 10

- can only modify periodic or rehabilitative alimony if there is a substantial change in circumstances

Answer 11

terminates upon supported spouse's remarriage or either spouses' death (unless contract right like lump or reimbursement) Most jdx terminate if recipient spouse begins cohabitating with someone in marriage-like relationship

Answer 12

Both parents have duty to support child guidelines, concern number of children and parents' income Court can deviate from guidelines, including to include child's health insurance and extraordinary medical expenses

Answer 13

UIFSA: Uniform Interstate Family Support Act OG jurisdiction: proper where first petition under UIFSA is filed Another state can exercise JDX only if (1) Second petition is filed before time to answer the first has expire, (2) The petitioner objected to jdx in first action and (3) The second state is the child's home state

Answer 14

Direct enforcement: obligee can mail order to obligor's out-of-state employer, automatically triggering withholding unless timely objection Registration: obligee can register support order w/ another state

Answer 15

court that issues controlling child support order has continuing and exclusive jdx to modify it Role of court in another state is only to enforce OG order UNLESS no party resides in issuing state or parties consent to JDX elsewhere

Answer 16

based on substantial and continuing change in circumstances

Answer 17

- contempt of court (civil, criminal if willful - Interception of tax refund - Forfeiture of licenses - Seizure of real estate - Attachment of wages Order to pay attorney fees

Answer 18

Uniform Child Custody Jurisdiction and Enforcement Act

Answer 19

First test: home state jurisdiction: Court has jurisdiction to initially enter or modify a child custody or visitation order if the state: (1) Is the child's home, or (2) Was the child's home within the bast six months and a parent or guardian continues to live in state Exception: home rule does NOT apply when: (1) Court has jurisdiction to modify a child custody or visitation order, if no state has or accepts home state jurisdiction and (2) The child and at least one parent have significant connection within the state, and Substantial evidence concerning the child is available in the state

Answer 20

Best interests of the child courts have much discretion

Answer 21

Parent's wishes (constitutional right to care, custody, control of children) Child's preference (Under 8, not considered, Over 12, great weight) Child's relationship with parents, siblings, and others involved Child's adjustment to home, school, and community Mental and physical health Who has been the child's primary caregiver (no gender preference)

Answer 22

most jurisdictions encourage, will award if parents agree Will not award if parents are openly hostile or unable to communicate Factors to consider: - Fitness of both parents - Whether parents agree on joint custody - Parent's ability to communicate and cooperate - Child's preference - Level of involvement of both parents in child's life - The geographical proximity of the two homes - The similarity or dissimilarity of homes - The effect on child's psychological develop development - the parent's ability to physically carry out joint custody order

Answer 23

awarded to one parent if there is strong evidence that demonstrates it is in the best interest of the child Other parent will almost always be entitled to reasonable visitation with the child Difficult to deny visitation rights unless some type of harm to child will result

Answer 24

Absent voluntary relinquishment, a parent is entitled to custody unless nonparent can show it will result in harm to child/parent is unfit Abandonment, neglect, abuse: court will find bio parent lost right to rear child, nonparent gets custody

Answer 25

court may limit parent's right to visitation if the parent engages in conduct that might injure the child Absolute denial is rare Visitation cannot be withheld for failure to make child support payments

Answer 26

Nonparental visitation: nearly all states have statutes entitling some third parties (i.e. grandparents) to visitation Applied in extraordinary circumstances such as when child's parents have divorced or died Nonparent may seek visitation if it is in best interest of child Note: fit parent's wish for nonparent visitation is constitutionally protected, must be given special weights (cannot override, because it would be in best interest of child)

Answer 27

always modifiable burden is on party seeking change standard: substantial and material change in circumstances affecting the child's wellbeing; must be changed if in best interest of child

Answer 28

change in child's primary residence Must notify other parent, must be a court hearing to determine whether relocation is permitted Courts allow parent to move out of state if it is in the child's best interest, intended to benefit family, not intended to thwart relationship with other parent

Answer 29

Every child is lawful child of mother Every child is lawful child of unwed father IF: (1) Parents married after child's birth (2) Father holds child out as his biological child (3) Gather consents to be named on birth certificate (4) Father formally acknowledges paternity, or There is a court order establishing paternity

Answer 30

natural parents may voluntarily terminate parental rights

Answer 31

Parents are owed due process before rights are terminated involuntarily Right to counsel (appointment if indigent) Grounds for termination must be proved by clear and convincing evidence grounds: - serious physical harm - abandonment -neglect -failure to provide support - mental illness makes child care impossible -parental unfitness (harms child physically or psychologically)

Answer 32

requires termination of natural parental rights and creation of new parental rights

family law Flashcards

(56 cards)