FL FAMILY LAW Flashcards

Question

Tax Consequences

Answer 1

Before 2019, the payor could take a tax deduction for alimony payments and alimony was treated as income to the recipient. Since 2019, alimony payments are not a taxable event.

Answer 2

a) wage reduction -- a court order addressed to payor's employer, instructing employer to take money out of that person's paycheck and forward to recipient b) asset seizure -- can go after the payor's assets. Preference is typically to seize their bank account and take money out. c) contempt order

Answer 3

The husband of a married woman is presumed to be the biological father of any child born during the marriage or within 285 days after divorce or death of the husband.

Answer 4

A) acknowledgment of paternity B) paternity suit -- the mother, father, or child may bring the action. A guardian ad litem can be appointed on behalf of a minor. Must be filed within 4 years after the child reaches the age of majority. After DNA testing, if the tests show that the defendant is more than 95% likely to be the father of the child, then a rebuttable presumption of paternity is established.

Answer 5

A duty of support arises when paternity is established. It is also legally binding for all other issues where a parent child relationship might be important

Answer 6

For the most part, support orders are directed at non-custodial parents. There are two key categories of non-custodial parents, those who were previously married to the other parent and those who were never married but were determined to be a parent.

Answer 7

The court uses statutory guidelines to determine the amount of child support. There is a statutory chart. If the court chooses to deviate from the guidelines by more than 5% it must enter written findings and a justification to allow for appellate review. Factors justifying departure * Special needs of the child * seasonal variation in income (agriculture) * the child's age * any special shared parental arrangement * assets of parents Situations that DO NOT justify departure * voluntary reduction in income * new family obligations

Answer 8

Child support generally runs until the child is emancipated or reaches the age of majority. Until the child is 18 unless the child is still in highschool, in which case support runs until graduation or age 19, whichever comes first.

Answer 9

Child support awards and agreements can be modified upon a showing of a substantial change in circumstances or financial ability of either party. A) arrears -- child support orders can only be modified prospectively. Back due payments cannot be modified. Anymore than a 5% deviation from statutory guideline, judge must issue written findings and justification therefore. The judge must order payment of child support that varies from the guidelines whenever any of the children are required by order or agreement to spend a substantial amount of time with the obligor parent, whether the living arrangement is temporary or permanent.

Answer 10

* interception of tax refunds * suspension of licenses * criminal sanctions

Answer 11

The UIFSA has been adopted in all states to establish, enforce, and modify interstate child support orders. In essence, it makes state borders disappear by combining long arm jdx with the principles of continuing exclusive jdx with the home state of the child. Allows child support orders entered in one state to be enforced in another. UIFSA limits the ability of another court to modify the original support order. The role of the obligor’s state is only to enforce the original order, unless none of the parties still reside in the issuing state or the parties consent in a record to the non issuing court’s assertion of jurisdiction to modify the order.

Answer 12

Physical custody -- where the child lives Legal custody -- who had decision making authority concerning the child ^^ can be shared or given exclusively Modern trend is to use the term parental responsibility to refer to both.

Answer 13

The best interests of the child is the primary consideration in developing or approving a parenting plan. There is no presumption favoring either parent. There is a preference for parents over nonparents. Domestic violence is generally a disqualifying factor in a custody dispute. Factors: * age and health of all parties * placement of other children * child's wishes * cooperativeness of parent * connection w/ family members * material circumstances

Answer 14

If the custodial parents wants to move at least 50 miles from their current residence, the parent must 1. Obtain the written consent of every person entitled to time sharing with or access to the child or 2. Serve a petition to relocate on every person. If no objection is received in 20 days, the court will grant. If objection is file, the court may allow temporary relocation if it is likely that the petition will be granted. The court will assume the application is legitimate and made in GF. The other parent can prove otherwise.

Answer 15

Custody orders can be modified. Modifications require a substantial change in circumstances. Must affect the best interest of the child.

Answer 16

A non-custodial parent is entitled to spend time with the child. This is based on the belief that it is beneficial to the child. Therefore, this request is rarely denied unless it poses a danger or threat to the child.

Answer 17

The Sup Ct said that a court cannot substitute its judgment for the judgment of the parent because parents have a constitutional right to raise their children as they see fit. Parent's decisions on 3rd party visitation are given special weight. To override this interest, the nonparent must show that denial would cause detriment to the child

Answer 18

Primary test -- home state jurisdiction -- a court has jdx to initially enter or modify a child custody or visitation order if it is the home state of the child. The home state is where the child has lived with a parent for at least 6 months. If no state qualifies, then the state that has jdx is the state that was the home state 6 months ago. Significant connection test — child and one parent have significant connection with state, substantial evidence is available in the state concerning the child’s protection, training, and personal relationships. Multiple states can have significant connection but the court that made the initial custody or time sharing agreement has exclusive, continuing jurisdiction over the matter until the court determines (i) neither child nor parent has significant connection with the state and substantial evidence relating to the matter is no longer available and (ii) neither the child nor the parents continue to reside in that state. Court may decline jurisdiction when the party seeking to invoke the courts jdx has engaged in wrongful conduct.

Answer 19

Any competent adult may adopt. A married couple can adopt and so can an unmarried adult. A married individual acting alone can adopt but they do need their spouse's consent.

Answer 20

Unless there are grounds for terminating parental rights, the following must consent to adoption 1. the parents if the adoptee is a minor (the consent of a parent who deserted or abandoned may be waived) 2. the adoptee if they are an adult or a minor over 12 3. anyone else who has been granted primary parental responsibility The court can consent in the parents' place if the child is under state supervision. If the parent's rights are terminated, must wait 30 days to file petition for adoption after the judge signed the judgment terminating parental rights.

Answer 21

A father of a nonmarital child who never married the mother cant veto an adoption by withholding consent unless he has played a meaningful role in the life of the child.

Answer 22

The prospective parents must submit to criminal background checks and make financial disclosures. They are also interviewed and a home visit is performed.

Answer 23

The FL Sup Ct has held that court ordered, post-majority support orders were error, unless the child is legally (physically or mentally) dependent after the age of majority. The court specifically disapproved court ordered college education payments where there is no indication of post majority dependency and no agreement to pay. The court also disapproved increasing alimony to enable the custodial parent to fund the children's college education.

Answer 24

A parent may not be deprived of visitation merely because the judge considers his conduct morally outrageous or reprehensible, rather, the conduct must adversely affect the children's morals and welfare. If a proper showing of adverse effect on the child is made, then an order for conditional or restricted visitation can be devised.

Answer 25

The court shall not enter sole custody to one parent unless there is a showing that shared parental responsibilities would be detrimental to the child.

Answer 26

Consent to an adoption must be executed in the presence of the court or by affidavit signed in the presence of two witnesses and acknowledged before a notary public who is not a signing witness. 3 day revocation period or may be revoked any time prior to placement of the child with the prospective adoptive parent, whichever is later.

Answer 27

A determination of parental responsibility, a parenting plan, or a time sharing schedule may not be modified without a showing of a substantial, material, or unanticipated change of circumstances and a determination that the modification is in the best interests of the child. It is public policy in FL that (i) each minor child has frequent and continuing contact with both parents after the parents separate and (ii) parents are encouraged to share the rights, responsibilities, and jobs of childrearing. Factors 1. Demonstrated capacity and disposition of each parent to encourage a close and continuing parent-child relationship, to honor time-sharing schedule, and to be reasonable when changes are required 2. The division of parental responsibilities and tasks 3. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity 4. The geographic viability of parenting plan with attention to needs of school-age children and amount of travel time required 5. Moral fitness of the parents, including ability to provide environment free of substance abuse 6. Mental and physical health of the parents 7. The reasonable preference of the child, if court deems child to be sufficient intelligence 8. Evidence of domestic violence, child abuse, child abandonment, or child neglect or evidence that either parent has knowingly provided false info regarding the same

FL FAMILY LAW Flashcards

(51 cards)