Outline

Question 1

Best Interest of the Child

Answer 1

The standard applied in awarding custody and visitation.

Factors:
1. wishes of the parents
2. wishes of the child (<8 no weight, >12 great weight)
3. child’s relationships with parents, siblings, others
4. child’s adjustment to home, school, and community
5. parties’ mental and physical health
6. who has been primary caregiver

Question 2

Home State Jurisdiction - child custody

Answer 2

Primary test.

Court has jdx. to enter or modify custody or visitation order if the state:

1. is the child’s home state, or
2. was child’s home state within the past six months and the child is absent from the state but a parent/guardian is still there

Question 3

Child’s home state

Answer 3

where the child lived with a parent for at least six consecutive months immediately before commencement of proceeding

Question 4

Home State Rule does not apply

Answer 4

Court has jdx if:
1. no other state has or accepts home state jdx AND
2. Child and parent have significant connection with the state, AND
3. Substantial evidence concerning the child is available in the state

Question 5

Child Support Original Jurisdiction

Answer 5

UIFSA - Uniform Interstate Family Support Act

original jdx is proper where the first petition under UIFSA is filed

Another state can exercise jdx only if:
1. filed before time to answer the first
2. petitioner objected to jdx in first
3. second is child’s home state

Question 6

Child Support Enforcement Jurisdiction

Answer 6

Any state can enforce child support orders

Question 7

Child Support Modification Jurisdiction

Answer 7

Issuing court has continuing and exclusive jurisdiction

Question 8

Child Support Modification

Answer 8

Modifiable based on substantial and continuing change of circumstances affecting needs of the child or ability of the parent to pay.

Voluntary income reduction is not grounds for modification.

Question 9

Presumption of Parentage

Answer 9

Mother’s husband presumed to be father if:

1. born during marriage
2. born within 300 days of termination of marriage
3. born during void or voidable marriage

Question 10

Child is of unwed father if:

Answer 10

1. married after birth
2. holds child out as his
3. consents to name on BC
4. formal acknowledgement
5. Adjudicated

Question 11

Community Property

Answer 11

All property acquired during the marriage is owned one-half by each

All property brought in or by gift is separate

Question 12

Equitable division of all property

Answer 12

All property divided equitably

Question 13

Equitable Division of Marital Property

Answer 13

Majority

Separate property remains separate

Marital property divided equitably

Question 14

Premarital Agreement

Answer 14

Court will enforce so long as it is:

1. voluntary
2. substantively fair
3. full disclosure of assets and obligations

WILL NOT enforce child custody or support if not in best interest of the child

Question 15

Types of Alimony

Answer 15

1. Permanent Periodic Spousal Support
2. Lump Sum
3. Rehabilitative
4. Reimbursement

Question 16

Permanent Periodic Support

Answer 16

Lifetime payment.

Terminates on death or remarriage.

Modifiable for substantial change in circumstances

Question 17

Rehabilitative Support

Answer 17

limited time to enable spouse to gain skills to become self-supporting

terminates on death or remarriage

Modifiable for substantial change in circumstances

Question 18

Reimbursement Support

Answer 18

Payable to spouse that supported other while obtaining license or degree

Payable all at once or in a series.

Not modifiable

Survives death of either spouse.

Question 19

Lump Sum

Answer 19

Payable all at once or in a series.

Nonmodifiable.

Survives death of either spouse.