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Family Law (Divorce (Money Issues (Maintenance (Formerly known as alimony,…

- - - - Factors:
        
        Wishes of the parents and the child
        
        Interaction and interrelationship of the child with parents, siblings, and others
        
        Child's adjustment to home, school, and community
        
        The mental and physical health of the individuals involved
  - - - Determined by state guidelines
      - May be modified due to changes
    - - Formerly known as alimony, spousal maintenance is awarded to ensure an adequate income stream for spouses whose economic dependency has resulted from the martial relationships
      - Different types: Periodic; Lump Sum; Rehabilitative; and Reimbusement
      - Amount is determined by the following factors: Standard of living, duration of marriage, age and health, financial resources, contribution from either party during marriage, time needed to obtain training, ability of payor spouse to meet their needs while paying support
    - - Classification
        
        Separate: All property owned before the marraige
        
        Marital: Earnings from both parties
      - Specific property interests:
        
        Marital residence
        
        Difficulties arise if the house was purchased before marriage but marital funds were used to pay off the mortgage or build equity
        
        Difficulties arise if a spouse's separate funds are used to make improvements or build equity; then, a gift to the marital estate is presumed but can be rebutted
        
        If a spouse's labor increases the value of the other spouse's separate property, the increase is marital
        
        Source of funds rule is used to apportion the value of the property between separate and marital efforts and funds
        
        Appreciation in the value of the property is apportioned in the same manner
        
        Pensions
        
        Subject to equitable distribution if accumulated during the marriage
        
        Vested or nonvested
        
        Premarital and post-separation increases or contributions are usually not deemed marital property
        
        A qualified domestic relations order recognizes the right of the alternative payee to receive all or a portion of the retirement benefits that would otherwise be payable to the spouse
        
        Stock options: Presumed to be marital property
        
        Professional degrees and licenses
        
        Most states hold they are not a property interest subject to equitable distribution
        
        May be considered in the division of other marital property or in a maintenance or reimbursement award
        
        Professional practice and goodwill
        
        A professional practice or corporation is subject to disposition as a marital asset
        
        Enterprise goodwill - transferable with the business
        
        Personal goodwill - generated solely by the reputation and professional expertise of the owner-spouse and not divisible
- - - - License
      - Solemnization: ceremony preformed by an authorized official
    - - Only a minority of states recognize
      - Issue still relevant for recognition by another state
        
        Second state must recognize a valid marriage from another state
        
        Basis - Full Faith and Credit Clause of the Constitution
      - Requirements - State-Specific
        
        Consent
        
        Cohabitation
        
        Holding out as husband and wife
        
        Legal capacity
    - - Age: Parental consent required if under 18
      - Not closely-related
      - Capacity
        
        Mental
        
        Lack of consent
      - Fraud
      - Prior marriage still in force
- - - - Presumption is rebuttable by clear and convincing evidence
      - Many states allow DNA evidence within a few years of the child's birth
    - - State statutes dictate time limits on when an unmarried father can establish his paternity
      - Time limits are imposed to resolve the issue without subjecting the child to a long period of unsettled circumstances