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30 Cards in this Set
- Front
- Back
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alimony pendente lite =
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post separation support
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Alimony =
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payment for support and maintenance of spouse or former spouse ordered through divorce, annulment or separate from divorce
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dependent spouse =
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someone who relies on the other person for their maintenance and support
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supporting spouse =
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the one who is financially able to provide for the maintenance and support of their spouse or former spouse
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examples of marital misconduct
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illicit sexual behavior; involuntary separation due to commission of crime; abandonment; malicious kicking out of house; cruel or barbarous treatment; making life intolerable for other spouse; reckless spending including waste; excessive use of drugs/alcohol; failure to provide needed subsistence
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PSS =
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what is paid while waiting for final alimony judgment
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when can PSS be awarded
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during divorce, annulment or separately
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the basis for PSS ...
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finan. needs of parties + stand of living + employment income + income earning ability + debts + reasonable expenses + any other support payments that are made to others
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What happens if the dependent spouse has participated in adultery
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they can't get PSS or alimony
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When is a dependent spouse entitled to PSS
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when it appears that their resources are not sufficient to meet their reasonable needs and the supporting spouse can pay
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What happens if the supporting spouse has committed adultery
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they will have to pay alimony or PSS
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What happens if both supporting and dependent had marital misconduct
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court will handle on case by case basis in determining who would or would not get or have to pay
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Will marital misconduct that takes place during separation ever be considered
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yes, the court may look at it to support the claim that marital misconduct took place during the marriage
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Who can move for payment of alimony
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Either party
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Can you get alimony from an annulment
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no, only PSS
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Which does the court hear first, ED or alimony claims
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the court can deal with the alimony before ED is distributed
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If alimony is determined before ED...
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the court can wait to determine amount and who is dependent or supporting after the ED is settled
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What happens if an act of illicit sexual behavior was condoned by the other spouse
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It will not be considered in the alimony determination
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How long does an alimony or PSS award last
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It's up to the court and can be for an undefined term or for a specific period
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Factors used to determine amount, duration and manner of alimony payments - Pt. 1
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marital misconduct of either; earnings and earnings capacity; ages; physical mental and emotional conditions; amount/sources of income; how long married; contribution of one spouse to the other's education or increased earning power
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Factors used to determine, amount, duration and manner of alimony payment - pt. 2
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impact of child custody on earning power and finances; standard of living; amt of education and how long would take to improve to be self sufficient; assets and liabilities; property either bought to marriage; contribution as homemaker; relative needs; tax impact; factors related to economic circumstances
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What does the court have to provide when they bring their alimony decision
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how they came up with the approval or denial
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When can a jury trial be requested for alimony
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either spouse can request to handle determination of whether there was marital misconduct
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Can attorneys fees be included with alimony determinations
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Yes, if alimony is awarded, the dependent spouses attorney fees can also be paid by the supporting spouse
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When will alimony, PSS and counsel fees not be available as a remedy
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whenever there is a premarital agreement or separation agreement that settles the matter
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How can alimony or PSS be paid
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lump sum, periodic payments, income withholding, transer of title to property
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What happens if someone doesn't pay their court ordered alimony or PSS
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Can be enforced through civil contempt and punished by criminal contempt
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How does a person modify or terminate alimony or PSS
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when there is a motion and a showing of changed circumstances by either party
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When is there an automatic termination of alimony or PSS
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when the dependent spouse remarries, starts living with someone else, or death of supporting or dependent spouse
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Cohabitation is....
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two adults living together on a continuous basis in a private heterosexual relationship - includes private homosexual relationship
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