Miscellaneous

Question 1

Where do you file a HAGUE case?

Answer 1

Country where child is at the time

Question 2

When does court enter directed verdict?

Answer 2

No evidence at all other side could win.

Question 3

Security for alimony can’t exceed need. So, if you get full life insurance securing award plus right to pension, that’s a doble dip

Answer 3

No answer

Question 4

W files for divorce on Tuesday. Also on Tuesday, she takes loan from line of credit. Is that loan marital or nonmarital?

Answer 4

NM - did it on DOF.

Question 5

Colombian pilot case with MSA. What grounds did court find?

Answer 5

Coercion (NOT duress)

Question 6

Personal injury funds - M or NM?

Answer 6

M until proven otherwise

Question 7

H/W agree on imputation to W. Must court do own analysis?

Answer 7

No

Question 8

What must be proven for stalking?

Answer 8

Substantial emotional distress and no legitimate purpose

Question 9

H ordered to maintain exclusive use of home for kids. H pays mortgage. Is that CS?

Answer 9

Basically yes. Counts as income to W

Question 10

Free card

Question 11

Remember, temporary absesnces are okay for jurisdiction/home state.

Question 12

W denies irretrievable break. What can court do?

Answer 12

Counseling
3 mo stay
Anything in best interests parties/child

Question 13

Temp atty fees- mandatory or optional?

Answer 13

If requested, mandatory if well-pled.

Question 14

In ED, if you want to unequal distribute and keep marital home for minor children, what must you say?

Answer 14

Equitable, BIC, financially feasible

*Can switch to other party if one can’t

Question 15

What is the fraction in determining marital % of non-marital paydown?

Answer 15

Total payment of mortgage from marital funds
—————————————————————-
Value on DOM, purchase, or mortage (latest)

Question 16

What goes into total marital portion of property like kaaa

Answer 16

Marital portion of passive
Mortgage paydown
Actiev appeciation

Question 17

How do you get passive appreciation of NM property?

Answer 17

Value DOF - value DOM - active - other encumbrances = passive (total)

Question 18

What is burden to overcome gift presumption?

Answer 18

Clear and convincing

Question 19

Factors to get setoffs or credits from marital home?

Answer 19

Exclusive use
Alimony covering home expenses
Child support coveringhome expenses
Value to party keeping home
Value loss by other party not keeping
Who gest mortgage interest/tax benefits
Capital gains
Anything else

(Support, value each, taxes, exclusive use)

Question 20

What are all ways to challenge prenup under UPAA?

Answer 20

Not voluntary
Fraud, duress, coercion, overreaching
Unconscionable AND lack of disclosure

Question 21

WHat are 3 ways to terminate/modify rehab alimony?

Answer 21

Substnatial change
Noncompliance
Completion plan

Question 22

When is durational alimony awarded?

Answer 22

When permanent is inappropriate.

Question 23

Standard to get permanent in:
Short
Moderate
Long

Answer 23

Short - exceptional
Mod - clear and convincing
Long- no other form fair/reasonable

Question 24

What MUST be in all PPs?

Answer 24

Daily tasks
Timesharing
Decisiosn on healthcafre, school, activities
Communication methods

Question 25

H isn’t givng mom her time. Must court award makeup?

Answer 25

YES, it MUST award makeup | May award fees, parenting course, community service, etc.

Question 26

H/W have timesharing. H is in rehab. Can he get TS in rehab?

Answer 26

No, if any sexual predators there. | Yes, during day time only. Nights (9pm-7am) only if BIC.

Question 27

For a supportive relationship, do you need to prove that H/W are intimate?

Answer 27

No

Question 28

H isn’t paying support but can work. What can court order him to do?

Answer 28

Get a job File reports about getting a job Do job training

Question 29

Parent not exercising timesharing. Is that sufficient to modify CS?

Answer 29

Yes, counts as substantial change

Question 30

M/F have kids and F pays child support. F has more kids after and gets 2nd job to support them. Remarries. Is his income discoverable? Is new wife’s?

Answer 30

Generally disregard H’s 2nd job if primary is to support new kids New wife’s income is relevant to deviation from CS if H raises subsequent kids as reason not to modify

Question 31

What is definitiion of DV?

Answer 31

Any asstault, batery, stalking, kidnapping, or criminal offense resutling in injury or death between family/household members

Question 32

If Buzz and Jeff never lived together, can BUzz file for DV injunction?

Answer 32

NO, has to be spouses, related, maried and lived together

Question 33

When do you have standing to file DV injunction?

Answer 33

If you’re victim or have reaosnable cause to believe yo’re in imminent danger of becomign victim of act of DV

Question 34

H hits W, and W gets DV injunction. Court issues mutual DV injunctions. Response?

Answer 34

Improper, only grant W. No mutual protection orders

Question 35

What factors does court look at to determien if reasonable fear of DV?

Answer 35

``` History of threats, harassment, abuse Attempting to hurt Threatened to hurt child Injured or killed family pet Threatened to use weapons Any physical restraint in past Criminal history fo violence Destroyed property or phone or other things ```

Question 36

How do you determine value of goodwill?

Answer 36

Take FMV of value if to be sold (comparable sales) and then subtract net asset value and the rest is goodwill.

Question 37

What are 3 approaches to biz Val?

Answer 37

Asset Comparable sales/market Income

Question 38

What is asset approach and what are methods of doing it?

Answer 38

Look at balance sheet Book value (not good cuz undervalues without looking at profit or FMV) and adjusted book value (good)

Question 39

What’s the problem with book value when doing asset approach

Answer 39

Doesn’t account for profit Doesn’t account for FMV of assets

Question 40

What is market approach and what are methods

Answer 40

Look at comparable sales of other businesses Methods: EBIDTA

Question 41

What is EBIDTA

Answer 41

Earnings before interest, depreciation, taxes, amortization

Question 42

What is income approach and Methods

Answer 42

Look at cash flow and either discount or capitalize it Capitalize: assume a percentage growth in years after to get to value Discount: same but opposite