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19 Cards in this Set

  • Front
  • Back
How many days before a hearing must an OSC (Order to Show Cause) be served?
16 court days
(for personal service, for mail service add 5 days)
How many days before a hearing must an Responsive Declaration to the OSC be served?
9 court days
(for personal service, for mail service add 5 days)
What are the Presumptions of Paternity:
During marriage;
Before birth, even though an invalid marriage;
After birth, invalid marriage, but father holds child out as his
Presumption is rebuttal
Initial papers for filing a Petition for Dissolution
1. Family Law Certificate of Assignment
2. Summons
3. Petition
4. Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
5. Proof of Service (by mail or personal service)
Initial papers for filing a Response to the Petition?
1. Response (Family Law)(goldenrod)
2.Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)
3. Proof of Service (by mail or personal service)
How many days after the Petition is served does the other party have to file a Response?
The Response must be filed 30 days after the Respondent was served.
Service of petition
Respondent must be served personally with copies of the Summons and Petition, and any other documents that have been filed.
What is Tracing?
Tracing is the process used to rebut the general presumption of FC Section 760 that property acquired during marriage is community in nature.
What is Transmutation?
An agreement between the spouses to change the status of an asset from either separate to community or community to separate. A Quit Claim Deed is a tool used to do this.
What is Physical Custody?
Physical custody means that a parent has the right to have a child live with him or her. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives will have sole physical custody, with visitation to the other parent.
What is Legal Custody?
Legal custody of a child means having the right and the obligation to make decisions about a child's upbringing. A parent with legal custody can make decisions about schooling, religion, and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents.
Name 4 factors that the Court looks at in determining Spousal Support
Needs an answer
What is imputed income?
needs to be answered
What is an Annulment?
A court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare but may be obtained in most states for one of the following reasons: misrepresentation, concealment (for example, of an addiction or criminal record), misunderstanding and refusal to consummate the marriage.
Give 3 examples of when Child support obligation ends.
needs to be answered
When would a court use earning capacity to determine child and spousal support?
To be answered
What do courts consider a long-term marriage?
To be answered
In order to modify or terminate a permanent Spousal Support oder, what does that spouse have to prove?
Change in circumstances.
What is the UCCJEA and what are 4 possible jurisdictional basis for custody determination.
To be answered