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Financial Support of Spouses & Children - Coggle Diagram
Financial Support of Spouses & Children
Spousal Maintenance
Definition
Obligation of 1 party to provide the other with support in the form of income
Factors
Financial resources
Standard of living
Time it will take to find employment
Contributions to marriage
Length of marriage
Age & Health
Type
Lump Sum
Permanent
Limited Duration
When marriage was short but there is a need for support
Rehabilitative
Limited period time until spouse receives education or employment
Reimbursement
Compensate a spouse for financial sacrifices made during marriage
Palimony
for unmarried cohabitants after dissolution of relationship
Modification
Burden on party seeking modification
Standard of Proof
Must establish a
significant
&
unforeseeable
change in circumstances in the needs of the dependent spouse or abilities of the obligor
Significant :question:
Not willfull
Receiving or obligor spouse remarries
Cohabitation if need for support decreases
Retirement
CANNOT BE WILFULL CHANGE IN CIRCUMSTANCES
Jurisdiction
Court needs subject matter + personal jurisdiction
Ex parte divorce (Divisible Divorce Doctrine)
When a court as SMJ over the divorce action, but only has PJ over 1 spouse, it can grant a
divorce
, but
cannot
make any determination re. property division, alimony, or child support
Child Support
Modification
Substantial change
in parents circumstances :warning:
Change is retroactive to the date of service of the motion for modification
Party cannot voluntarily reduce income
Which court can modify a child support order :question:
Only the ISSUING state may modify the order– the other states duty is to enforce it UNLESS
Both parties permit for another jurisdiction to modify the order
Child and parent move out of issuing state
Jurisdiction
How does a court get PJ over an out of state parent to establish or enforce a child support agreement :question:
Personal service
consent
Past residency w the child in the state
Child lived in state at the direction of the parent
Child conceived there
Uniforma Interstate Family Support Act
UIFSA
The
modification
&
enforcement
of an interstate child support agreement will always be governed by UIFSA
How courts get PJ under UIFSA
Personal service
consent
past residency with the child in the state
Past residency in the state while providing child support
defendant directed the child to lo live in the state
Definition
Payment by one parent to the other for the support of a common child
Both parents are legally required to support their children, regardless of marital status
Parents cannot bargain away child-support payments
They can have private agreements re. payment plans, but cannot agree to any compromise that would negatively impact the childs welfare
Nonbiological parents
Equitable Estoppel– a husband who isnt the biological father might be estopped from denying his obligation to pay child support if
Husband represented he would provide for the child
Wife relied on representation
Wife suffered economic detriment as a result of the reliance
Termination
When child turns 18
Emancipation
self supporting
beyond sphere of parental influence
Termination of parental rights
parent or child dies
Amount
Based on the child's needs– not the parents ability to pay :warning:
Wages
Dividends
Interest
Capital gains
Rental income
SSN and Retirement benefits
Income shares model
Add both incomes. . . Determine the amount of child support based on total income. . . allocate responsibility respective to each persons net income
Most important consideration is what is in the best interest of the child :red_flag:
Age of child
Special needs
Length of marriage
Standard of living
Duration
Until child is 18 or empancipated
Some jurisdictions continue obligation through college
Enforcement
Enforced under UIFSA
Civil Contempt
Criminal Contempt
Take tax refunds, suspend license, seize property
Withhold income