Family Law Exam

Front 1

College Expenses

A court has full discretion regarding provision for educational expenses, regardless of the child's age; except when...

What are the 4 scenarios?

Back 1

A court cannot award the education of a child who is EMACIPATED by an event other than attaining the age of majority

Emancipation: when the child...
(1) Voluntarily leaves the parental roof;
(2) Attains the age of majority;
(3) Marries; or
(4) Enters into the armed forces

Front 2

College Expenses

In determining whether to decrease, modify or terminate education expenses a court will consider:

Back 2

(1) The financial resources of both parents;
(2) The standard of living the child would have enjoyed had the marriage not been dissolved;
(3) The financial resources of the child;
(4) The child's academic performance;
(5) A parent's lack of relationship with the child could also be a factor (courts are split on this!)

Front 3

Child Expenses

LeClair v. LeClair - what is the ruling?

Back 3

Divorced parents should not be obligated by a court to pay college expenses for a child when the court could not impose the same obligation on parents who were still married

Front 4

Divorce - Distribution

How is marital property divided?

Back 4

Marital property is divided in just proportions, or, in other words, equitably - which does not necessarily mean equally or 50/50

Front 5

Divorce - Distribution

What about infidelities?

Back 5

Alleged infidelities are irrelevant ... property is distributed without regard to marital misconduct

Front 6

Divorce - Distribution

All property acquired by either spouse subsequent to the marriage is martial property except for ....

Back 6

Property acquired by inheritance

Front 7

Divorce - Distribution

What are some factors that the court will look at? (6)

Back 7

(1) Whether the apportionment is in lieu of or in addition to maintenance;
(2) The contribution to the acquisition of the marital assets or their dissipation;
(3) The needs of the parties;
(4) The custodial provisions for the children and the desirability of awarding the marital home to the custodial parent;
(5) The contribution of a spouse as a homemaker or to the family unit;
(6) The reasonable opportunity of each spouse for future income