Flashcards in Florida Family Law Deck (24)
What are the types of alimony in FL?
1. pendente lite (suit money)
2. permanent alimony
5. bridge the gap (no more than 2 years).
Which types of alimony awards are subject to modification?
Permanent, durational, and rehabilitative can be modified upon a petition showing a substantial change in circumstances.
*Bridge the gap alimony may not be modified in amount or duration.
Unless otherwise specified, permanent and durational alimony will terminate _______.
Rehabilitative will terminate upon _______.
1. remarriage of the recipient spouse or death of either spouse.
2. death of either spouse
What factors do FL Courts consider when determinting the type and amount of alimony?
1. duration of the marriage
2. standard of living during the marriage
3. age and emotional and physical condition of both parties
4. financial resources and sources of income of each party
5. amount of time needed for education/training (if nec)
6. each party's contribution to the marriage (including homemaking, children, education and career-building of the other spouse)
7. any other factors that will foster equity
For purposes of determining alimony a short term marriage is -?, moderate-term? long-term?
What is the standard for determining child support?
The award to support to one party for the benefit of the children should be based on monetary needs and ability to pay.
FL Statute provides child support guidelines for determining amount.
Child support awards and agreements can be modified by a court with jurisdiction, upon a showing of ______.
substantial change in circumstances of financial ability of either party.
*Note that agreements and court awards can both be modified with the same level of proof wheras property settlement agreements between the parties are unmodifiable in relation to property distribution whereas alimony awards can be modified. Means that categorizing a payment as property settlement v. alimony matters a lot.
The duty to support continues until the child is ______. A child is presumed emancipated when?
upon reaching age 18, marriage, or self-sufficiency
The court has no authority to cancel or reduce a _______ of child support. Any reduction or termination of the monthly child support amount would be retroactive only to the date __________.
past due installment
Husband files his petition for modification/ termination
If a father later wants to disestablish paternity what must his petition in clude?
1. affidavit taht newly discovered evidence relating to the paternity of the child has come to light since the initial paternity determination or establishment of a child support obligation;
2. the results of scientific tests administered within 90 days of the petition showing that the man cannot be the father of the child, AND
3. an affidavit stating that he is current on all child support payments for the child or that he has substantially complied with his child support obligation and that any delinquency is from inability to pay or based on just cause.
**A court may not set aside the paternity determination, if, after discovered that he was not the child's biological father, the man:
1. consented to be named teh bio father on the child's birth certificate, or
2. promised in writing to support the child and was required to support the child based on that promise
The purpose of civil contempt for a non-paying child support obligor is
to obtain compliance with a court order or to compensate for losses sustained as a result of the obligor's willful failure to comply with a court order.
The court may either __ or _____ the defaulting obligor. The obligor must have had the _______, but ______ before a finding of civil contempt can be entered.
fine or incarcerate
present ability to comply with the order
willfully failed to do so
If the obligor, through no fault of his own, cannot comply, there can be no _____ as a punishmnet.
Premarital agreement provisions awarding attorneys' fees and costs to the prevailing party in litigation regarding the validity and enforceabilty of a premarital agreement are ___.
However, if an enforcement action find that the noncompliant party is without justification, ____.
the noncompliant party cannot be awarded fees and costs
If multiple states are involved in a fact pattern re a child consider ____.
UCCJEA: Uniform Child Custody Jurisdiction and Enforcement Act.
Which state is the child's home state?
The UCCJEA has a jurisdictional test which asks?
Which state is the child's home state?
Thes tate in which the child lived with a parent (or a person acting like a parent) for at least 6 consecutive months immediately before commencement of a child custody proceeding.
A court competent to decide child custody matters (in FL, circuit court) has jurisdiction to make a child custody determination, by in itial or modification judgment, if it is the state that:
1. is the child's home state
2. was the child's home state within the past six months and the child is now absent from the state but a parent (or person acting as a parent) continues to live in the state.
According to FL statute, if a parent desires a change of residence that would relocate the child at least 50 miles from her current residence, the parent must either:
1. obtain the written consent of every person entitled to time-sharing with or access to teh child; or
2. serve a petition to relocate on every person entitled to time-sharing with or access to the child.
The date for determining marital assets and liabilities is the earliest of:
1. the date the parties enter into a valid separation agreement
2. the date specifically provided by a valid separation agreement
3. the date of the filing of a petition for dissolution of marriage or
4. any other such date that the court determines is just and equitable under the circumstances
Consent of the father and mother is generally required for adoption. Consent of the father is required when:
1. the minor was conceived or born while the man was married to the minor's mother
2. the minor is child by adoption
3. the minor has been determined by a court to be his child
4. he has filed an affidavit of paternity in accordance with the relevant statute or
5. in the case of an unmarried biological father, he has filed acknowledgement of paternity within the required timeframes.
When the to be adopted is more than 6 mos. old, the unmarried biological father must have complied with what statutory requirements in order for his consent to the adoption to be necessary?
1. must have developed a substantial relationship with the child;
2. taken some measure of responsibility for the child and child's future; and
3. demonstrated a full commitment to the responsibilities of parenthood by providing financial support to the child in accordance with his ability.
What are some factors considered in developing time-sharing plan?
1.. parent's ability to provide a stable home environment for the child
2. childs preference (child never gets full decision in FL)
3. parent's willingness to allow time-sharing and to encourage an ongoing relationship with the other parent.
Marital assets include:
1. those acquired by either or both spouses during marriage other than those received through gift, bequest, or devise
2. enhancement of, or appreciate in, nonmarital assets as the result of the efforts of either spouse during marriage or from the contribution to or expenditure of marital funds.
3. interspousal gifts during teh marraige and
4. all benefits accrued through retirement plans, pension plans, profit-sharing plans, and the like.