Family law exam

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  1. The decision to grant alimony is within the discretion of the court.
  2. Permanent alimony is permanent
  3. When can alimony be terminated?
    remarriage, cohabitation or death
  4. What is alimony?
    The sum of money or property paid to by a former spouse to the other former spouse for financial support.
  5. History of alimony?
    Bed and board; based on fault; didn't sever the marriage but they lived seperate.
  6. Types of maintenance in Indiana
    spousal incapacity, caregiver maintenace (child incapacity) and rehabilitative maintenance
  7. How long can one get rehabilitative maintenance?
    3 years
  8. Divorcing parties may not terminate alimony on their own.
    False, they can
  9. Is alimony taxable?
  10. Indiana courts will look at the relative fault
    of each party in the termination of the marriage when determining an award for
    False, Indiana is a no-fault state
  11. A divorce of bed and board did not include the
    right to remarry
    true, you are still legally married but live apart
  12. What is the purpose of rehabilitative alimony?
    • to provide one spouse with limited support in
    • order to give him/her the opportunity to become self-sufficient
  13. Under Ecclesiastical law, if a wife caused the
    breakdown of the marriage, she was not entitled to alimony
  14. Another name for ‘pendent lite alimony’ is provisional alimony/maintenance
  15. What 2 factors does the court normally weigh in
    determining whether to award alimony/maintenance and what amount to award
    balancing the need v. ability to pay
  16. In general, when can alimony be modified
    when a substantial change happens since the date of the order
  17. types of alimony
    pendente lite, permanent, rehabilitative, nominal and reimbursement
  18. In Indiana, a spouse may be entitled to the
    personal good will of the other spouse’s business
    false, they are only entitles to enterprise good will
  19. what is enterpise good will
    an asset of the business
  20. In a jurisdiction that recognizes separate and
    marital property, all appreciation in value of assets brought into the marriage
    is treated as marital property
    False, depends on the contributions made by each spouse
  21. Property titled in one spouse’s name is never a
    marital asset
    false, it depends on how the state views marital v. seperate property. such as if a house was purchased during or before the marriage.
  22. A professional degree may be characterized as a
    marital asset
    true, but indiana does not recognize it
  23. In Indiana, what property is potentially not divisible
    in a dissolution of marriage action
    it is all potentially divisible based on the "one pot theory". you can bring about a rebuttable presumption though
  24. In Indiana, what is the presumption concerning
    property distribution
    equitable distribution
  25. If a spouse is injured during the marriage, but
    does not recover any money from the defendant until after the divorce is filed, is the recovery in the tort action a marital asset? Why or why not
    yes as long as its not for future wages
  26. In those states that recognize “separate
    property”, what effect does commingling have on such property
    it transmutates the sperate property into marital property
  27. What is dissipation
    depletion of the marital assets by overspending or destroying property or assets
  28. what are the types of concurrent ownership
    joint tenancy with right of survivorship, teneancy in common, tenancy by the entirety and community property
  29. what is joint tenancy with the right of survivorship
    owns equal portions and upon death it passes to the other, selling turns the party into tenancy in common, 4 unities-possession, interest, time and title
  30. what is tenancy in common
    owners own unequal shares but have equal rights to use property , may will, gift or sell their interest
  31. what is tenancy by the entirety
    only exists between a husband and wife
  32. what is community property
    all income and property acquired during marriage is owned equally. indiana is not a community property state
  33. what is marital property
    property, assets, debts or income acquired during the marriage
  34. seperate property
    property acquired before the marriage or if after then by gift, will or inheritance with a specific spouse named
  35. marital property
    property or income acquired during marriage
  36. transmutation
    transformation of seperate property into marital property, happens when comingling comes into play
  37. comingling
    titling things together, using property to support the marriage
  38. tracing
    process of determining when the asset wasacquired by tracking its orgin
  39. what are the juridisctional approaches to property distribution
    traditional (common law-by title), equitable distribution (50/50), community property
  40. equitable distribution
    Statutes that allowed the court to distribute property acquired during marriage on the basis of equity or fairness
  41. indianas "one pot theory"
    everything goes into one pot and gets divided equally; equitable distribution
  42. community property
    • two pot theory; —Property acquired during the marriage belongs equally to each spouse, unless it is separate
    • property
  43. QDRO
    qualified domestic relations order; a court order requiring that a specific portion of the pension be paid to the nonemployee
  44. dissapation
    depleteing or wasting away of the marital assets; spouse who was depleting the assets may be required to compensate the other spouse
  45. is alimony dischargeable in bankruptcy
  46. will a spouse suffer negative effects of the other spouse filing bankruptcy after the marital assets have been distributed
  47. In Indiana, if a parent does not have any
    parenting time with his/her child, then he/she will not have to pay any child
    support for that child
    false, they are not linked
  48. Third parties generally have no right to
    judicially-mandated visitation in an intact family
  49. Virtual visitation is taking the place of live
    visitation all over the country
    false, it is a supplement
  50. A man will be presumed to be the father of a
    child born during the marriage
  51. Indiana legally recognized surrogacy contracts
    as enforceable
  52. Joint physical custody involves shared
    decision-making concerning the child’s upbringing
    false, joint legal custody
  53. List and explain the various methods/standards used
    to determine custody throughout history
    patria proestas, tender years and best interest of the child
  54. What are the statutorily relevant factors courts
    in Indiana consider when determining the best interest of the child?
    • the childs age and sex,
    • the mental/physical health of everyone involved,
    • the wishes of the childs parent,
    • evidence of family/domestic abuse,
    • the childs wishes if 14 or over,
    • the childs adjustment to school/community,
    • the childs relationship with the parent, siblings or anyone else involved,
    • whether or not the child has been cared for by a de facto custodian
  55. When can a grandparent petition for grandparent
    visitation in the state of Indiana
    • when the parents are deceased
    • the aprent are divorced
    • the child was born out of wedlock and paternity has been established
  56. patria protestas
    children were viewed as property and therefore went to the fathers
  57. tender years
    • prominent in the 1970's
    • presumption that children 12 and under were better off with their mother
  58. the best interest of the child
    • no presumption of either parent
    • determined by primary caretaker, physchological parent and statutes
  59. what are the types of custody
    • sole
    • joint
    • legal
    • physical
    • split
  60. distinction between physical and joint custody
    physical custody is where the child resides and legal custody means the decision making
  61. joint custody
    both parent may share in major decision (legal custody) and both parent may share in haveing the child reside with them (physical custody); parents must agree to this
  62. joint physical custody
    the child stays with each parent at different times and the times do not have to be equal; its often accompanied by joint legal custody; half month with one parent and other half with other parent
  63. joint legal custody
    both parent share in the decision making process of the childs upbringing; more common than joint physical custody
  64. a de facto custodian must be made a party to an action
  65. history of paternity
    it was legally established by marriage
  66. what was the historical purpose of paternity
    to deter promiscuity, reinforce the institution of marriage, protect famikly lineage
  67. types of reform regarding paternity
    creating linited family right, equal protection clause added, presumption of paternity
  68. what are the 2 ways to establish paternity
    • paternity action in the court
    • executing a paternity affidavit
  69. in indiana are surrogacy contracts valid
    no, they are against public policy
  70. does indiana have statutes on assisted conception
  71. when does child support stop in indiana
    when the child reaches 21 unless the child is emancipated before then, is incapacitated, the child is 18, able to support themselves or is not enrolled in college or hasnt been for 4 months
  72. family support act of 1988 support special circumstances for deviation with child support
  73. purpose of child support guidelines
    to make things fair and to put the child in a position as if the marriage was still intact
  74. when can child support be modified
    • when a substantial change has occurred of at least 20%
    • only after 12 months
  75. ways to enforce child support
    licenses revoked, wages garnished, passports not renewed or granted
Card Set:
Family law exam
2011-11-09 00:55:24

chapters 5,6,7,8
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