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9 Cards in this Set
- Front
- Back
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What are the TWO types of maintenance?
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1. TEMPORARY MAINTENANCE - while case is pending
2. POST JUDGMENT MAINTENANCE |
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What is required to modify maintenance?
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- The order can be modified on a showing of “substantial change is circumstances”
- Could be almost anything and is discretionary from the judge (lost job is the common one.) - Still have to pay past due payments, they are not modifiable. |
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What is the test for modifying separation agreement maintenance?
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“extreme hardship”
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What are the THREE ways to terminate maintenance?
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1. Court specified date
2. death of other party 3. remarriage of other recipient – or living with another person as if married - Can contract around the ways to terminate. |
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What are the SIX things they can do to a delinquint maintenance payer?
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1. Can take property of defaulted person
2. can attach wages 3. Can take away drivers license 4. Can revoke license to practice profession 5. Can deny recreation licenses 6. Hold in contempt of court |
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What are the TWO categories of property in a marriage?
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1. Separate property;
2. Marital property |
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What FIVE things are separate property?
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1. anything owned by the spouse prior to the marriage
2. ANY GIFT OR INHERITANCE RECIEVED BY THE SPOUSE IN THEIR SOLE NAME AFTER THE MARRIAGE 3. PROPERTY AGREED TO BE SEPARATE 4. PERSONAL INJURY COMPENSATION FOR PAIN AND SUFFERING 5. ANY APPRECIATION IN THE ABOVE, UNLESS DUE TO THE OTHER SPOUSES PARTICIPATION OR EFFORT (includes being a house maker) |
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What are the TWO ways to split up the property in a divorce?
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1. IN KIND – Says exactly what goes to what
2. DISTRIBUTIVE AWARD (CASH AWARD) – one party just writes a check to the other. |
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When will the court consider marital fault in distribution of marital assets?
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The only thing they can't consider is marital fault (unless egregious and shocks the conscience)
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