Family Law

Front 1

Prenuptial Agreements factors

Back 1

(1) Unconscionability / Duress to get out

(2) Unconscionability factors:

(a) Fair disclosure of assets

(b) Voluntariness

(c) Counsel

(d) Experience of Parties

(e) Understanding of forfeited rights

Front 2

When you sign a prenup, you can C a FEUD in the future

Back 2

Counsel

Fair disclosure of assets

Experience of Parties

Understanding of forfeited rights

Duress

Front 3

Common law marriage requirements --> Don't put a marriage on ICEE if its valid at common law

Back 3

Intent

Capacity

Exchange of promises

Evidence --> cohabitation / holding out

Front 4

Duties of married people to each other (2)

Back 4

Economic reciprocity and sexual exclusivity

Front 5

Void vs. Voidable Relationship

Back 5

Void Factors --> Incest & Bigamay

Voidable --> FRAUD, Non-age, inability for sex, duress, mental capacity

Front 6

Voidable for fraud if it goes to the

Back 6

ESSENTIAL ASPECT OF MARRIAGE

e.g. pregnancy, drug addiction, misrepresented religion, incapability of having marriage

(money doesn't count)

Front 7

Fault-based divorce reasons

Back 7

Adultery (evidence of opportunity / inclination)

Desertion (no intent to return)

Extreme Cruelty

Voluntary drug addiction (subsequent to marriage)

Insanity

Front 8

Adultery defenses are a bunch of CRAP

Back 8

Condonation (waiver)

Recrimination (dirty hands)

Agreement (collusion / fraud)

Procurement / Trickery (entrapment)

Front 9

Jurisdiction of divorce

Back 9

One person must be domiciled in state.

In rem action = plaintiff's residence enough to grant divorce, but no personal jurisdiction over property rights.

Front 10

Ex parte divorce

Back 10

Only one spouse participates

Front 11

Separation agreement modification rule

Back 11

If merged into divorce decree, it can be modified

If separate K, then subject to K rules of modification

Front 12

Equitable Distribution of Property Analysis

Back 12

(1) Categories the assets

(2) engage in equitable determination as to who gets what, according to whether they have entitlement.

Front 13

Take a PAID SEAT and we'll equitably distribute

Back 13

Property Separate
Age + Health
Income
Duration of Marriage
Standard of Living
Earning Capacity
Assets + Debts
Tax consequences

Front 14

In determining spousal maintenace, they will SPAR

Back 14

Standard of Living

PAID SEAT factors

Ability of spouse to be self-sustaining

Reduced earning capacity

Front 15

Child Support Basics (2)

Back 15

(1) BOTH biological parents owe equal economic duty to support, regardless of marriage

(2) Duty extends until child reaches age of majority, or with death of parent.

Front 16

Modification of Child Support Test

Back 16

Substantial and Material change in circumstances affecting needs of the CHILD, or ability to pay of obligor spouse.

Front 17

Enforcement of Child Support Statute

Back 17

Uniform Act, avoids conflicting orders / original forum has continuing exclusive jdx of child support question / its substantive law will control all issues.

Modification must be done in home state.

Front 18

Amount of Child Support test

Back 18

(1) Monetary Need, and (2) Ability to pay

Front 19

Modification of Spousal Support rule

Back 19

Only period spousal support may be modified, not permanet

Substantial and material changes in circumstances affecting the needs of the RECIPIENT SPOUSE, or the ability of parent to pay

Front 20

Modification of Child Support factors are RIGID

Back 20

Retirement / Employment
Income
Growth of children
Inflation
Disabling Illness

Front 21

Modification of past due spousal / child support installments

Back 21

Overdue maintanenace cannot be retroactively modified.

Front 22

Voluntary impoverishment as factor to child support

Back 22

Voluntary impoverishment is not a factor in determining child support

Front 23

Jurisdiction of Child Custody Court Test

Back 23

Child's home state --> State in which child lived w/ parent for at least six consecutive months immediately before proceeding

Front 24

Child Custody Test

Back 24

BEST INTERESTS OF THE CHILD --> age, health, violence, dynamic, adjustment, relationship w/ siblings (not gender)

Front 25

Third party visitation Rule (Troxel)

Back 25

Best Interests of Child will not override the wishes of a fit parent, its a due process right that preempts

Front 26

Modification of Child Custody will FLIP DADS

Back 26

Finances
Lifestyle
Initial Custody
Predictability
Desires of Children
Age of Children
Domestic Violence
Stability

Front 27

Custodial parent can relocate if the court hears HER SOBS

Back 27

Health Related
Economic Necessity
Relationship between child / noncustodial parent
Second marriage demands
Opposition by noncustodial parent
Best interests of child
Strength / Stabilize family

Front 28

Unmarried Cohabitants and economic support remedy (4)

Back 28

(1) Express OK as long as sexual relations is not only consideration
(2) Implied contractual remedy based on conduct
(3) Constructive trust --> prevent unjust enrichment
(4) Quantum meruit --> FMV of services

Front 29

Discrimination against nonmarital children test

Back 29

Intermediate scrutiny

Substantially related to an important governmental interest

Front 30

Suit to establish paternity test

Back 30

Clear and convincing evidence

Front 31

Consent for adoption

Back 31

Needed from (1) both biological parents, and (2) child if over age 12

Cannot be revoked or withdrawn

Front 32

Unmarried father right

Back 32

Has a right to develop a quality relationship with an infant

Front 33

Modification of visitation rights

Back 33

Best interests of child filtered through substantial change in circumstances test

Kidnapping Prevention ACt --> All states defer to state with strongest connection to child (home state)

Front 34

To discuss joint custody lets eat at the PIG CAFE

Back 34

Preference of Child
Involvement of parents
Geographical proximity

Communication of parents ability
Agreement of parents
Fitness of both parents
Effect on child

Front 35

Fault as factor in equitable distribution

Back 35

Fault is never a factor in equitable distribution of marital property

Front 36

Pensions as a factor in equitable distribution

Back 36

Pensions are subject to equitable distribution

Front 37

Professional licenses and equitable distribution (Majority / Minority)

Back 37

Majority --> Not distributable

Minority --> Degree value is determined and distributed as property

ALSO court may award supporting spouse reimbursement spousal support (fixed sum), even though not otherwise eligible for spousal support

Front 38

Modification of property distribution decrees

Back 38

NOT modifiable

Front 39

Uniform Parentage Act presumption

Back 39

Woman who gives birth is mom
Husband of woman is dad

Front 40

Consent of Husband for surrogacy

Back 40

Has 2 years under Uniform Parentage Act to say he didn't consent to assisted reproduction

Front 41

Approval of surrogacy agreement

Back 41

Written agreement, approval by court.

If no approval, then NOT ENFORCEABLE ( surrogate mom is real mom, husband [if party to agreement[ is dad)

Front 42

Constitutional rights of unwed father trigged if: (2)

Back 42

Full commitment to parenthood
Participation in child's rearing

Front 43

Dissipation

Back 43

use of martial property for sole benefit one one spouse for purpose unrelated to marriage may affect status during equitable division. --> may be set aside

Front 44

Transmutation

Back 44

Agreement to change property from separate to marital status.

Front 45

Child Custody jurisdiction tests (4)

Back 45

Under Uniform Act and Parental Kidnapping Act:

In order of importance:
(1) Home state
(2) Significant connections
(3) Emergency
(4) Default

Front 46

Dispute between parent and 3rd party for custody

Back 46

3rd party must show parent subjectively intended to abandon

Presumption is that child w/ parent is best interests.

Rebuttable by showing parent is unfit or is detriment to child

Front 47

Adoption jurisdiction

Back 47

(1) Connection w/ child & state is significant
(2) Evidence concerning case is present in state
(3) Adopters live in state

Front 48

Notice of adoption to biological parents:

Back 48

Not required if:

(1) Parents knew of birth
(2) Did not acknowledge paternity

Notice required if:

(1) Established relationship w/ child
(2) Registered w/ putative registry