Fam Law Ch 5

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Author:
Anonymous
ID:
115791
Filename:
Fam Law Ch 5
Updated:
2011-11-09 19:23:21
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Family Law
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Description:
Family Law Chapter 5
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  1. Alimony?
    The sum of money, or other property paid by a former spouse to the other former spouse for financial support
  2. What is Alimony called in Indiana?
    Spousal Maintenace
  3. a mensa et thoro?
    • Divorce from bed & board
    • Similar to legal separation (marriage was not severed but they could live apart)
    • Husband had the duty to support the wife while she lost property rights.
  4. Why was alimony created?
    • Women had no rights and needed support
    • Women only received alimony if she was the innocent spouse.
    • Idea meant to punish the husband
  5. Indiana maintence circumstances?
    • Spousal-Incapacity: Spouse lacks sifficient property and has a need.
    • Caregiver: Spouse takes care of a child w/ incapacities
    • Rehabilitative: Spouse lacks education/work and needs support to gain new skills (only up to 3yrs)
  6. Types of Alimony?
    • Pendente Lite
    • "Permanent"
    • "Rehabilitative"
    • Nominal
    • "Reimbursement"
  7. Pendent Lite Alimony?
    Occurs when a divorce action is pending, a spouse may petition the court for temp. support.
  8. Permanent Alimony?
    • Specified periodic payments for an indefinite period of time (NOT PERMANET)
    • Generally terminated on the death of either spouse, remarriage of the recipient, court ordered.
  9. "Rehabilitative" Alimony?
    • Limited/Short term
    • Meant to provide spouses with some measure of predictability concerning their present and future needs.
    • Encourgaes recipient to find employment or training.
  10. Nominal Alimony
    Small payment meant to allow the spouse the right to alimony.
  11. Reimbursement Alimony?
    Purpose is to compensate a spouse for contributions to the other's education or career development.
  12. Can you wave alimony?
    Yes but you can't change your mind.
  13. Modify Alimony?
    Yes but you must prove a substantial change of circumstances since the first order.
  14. What terminates alimony?
    • Remarriage
    • Death
    • Cohabitation
  15. Is alimony taxable?
    Yep but only for the payor.
  16. Tips for paying alimony?
    • Never pay cash
    • Keep records of payment
    • Consider the readjustment of lifestyle.
  17. Determing Alimony?
    The court balances the need vs. what the party can pay

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