Financial support of Spouse & Children Flashcards
(27 cards)
types of spousal support
permant alimony
limited duration
rehabilitatie support
reimbursement support
Permanent alimony
o Payment for rest of life
o Long marriages
o One spouse worked the other maintained the home
limited duration
for short marraiges with minimal property
rehabilitative support
suppor till other spouse gets back on thier feet
reimbursment alimony
financial sacrifives during the marraige that resulted in a reduced standard of living for the other to secure an enchanced standard of living
ex. stay home to cook while hubby gets PA degree
modification of spousal stupport standard
party seeking has the burden of establishig a significant and continuning change in circumstances that warrants modification
timing matters (if party knew of obligation before divorce wont count)
situations bar tests re: modfication
1) reciving spouse remarried (might terminate support)
2) retirement of supporting spouse
3) death
4) voluntary / decreased income
can support be discharged during bankrupsty?
NO
Family JX requirements
CT must have both subject matter and personal JX over a case to hear it
Ex parte divorce
if CT does not have personal Jx
what can CT do in ex parte divorce
property distribution
spousal support
child support
Fam law Personal JX
requires the opposing party to be served based on long arm statute
subject matter JX
reuqire the spouse filing to reside in the state for some time (6 weeks to 2 years)
child support
requried payments spouse must make to support child in divorce
cannot bargain away during settlment
Out of state parent (child support) who governs
UIFSA
uniform interstate family support act
How does UIFSA establish PJ for out of state parent
1) spouse was personally served in stte
2) resided in state with child in the past
3) engaged in sexual intercouse in the state and the child may have been concived by the act of intercouse (one night stand)
considerations in calculating child support suport
best interest of the child
age of the child
special needs
assets of both parties
standard of living during marraige
calculating child support
(majority)
income shares
1) adds both incomes togehter
2) looks at a chart
3) divides that childs share in proportion to income of parent
calculating child support (minority)
focus on the non-custodial parents earnings
1) non custodial parent income
2) consult char
3) ignores custodial parent income
child support modification standard
permissible when there has been a substnatial change in circumstance
voluntary reduction of income (modifcation)
a spouse can choose to enter into a lower paying job but it must be in good faith
1) spouse cannot punish the child or the spouse
timing for modfication
forward looking CT will only modify future payments from the date of the modification moving foward
if past payments owed CT will not adjust bc of current modification
JX for modfiyng out of state
UIFSA-> OG court will have continuing and ongoing JX unless
1) all parties agree to a new forum
2) all parties move
how does UIFSA enforce modifications other states CS decress
UIFSA allows out of state parties to register thier order and the “full faith and credit” clause gives it power
