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118 Cards in this Set

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Grounds for TPR
Mnemonic = "HARD PROOF"
1. child HARMED and not likely that home can be made safe within 12 months, also look to previous ABUSE.
2. REMOVED from home, been out of home for 6 mos., dept of s.s. has custody, and parent hasn't remedied conditions prompting removal
3. parents DIAGNOSABLE condition unlikely to change within reasonable time and unable to provide minimally acceptable care
4. PRESUMPTIVE legal dad isn't bio dad
5. willful abandon or suRrender of physical possession of child without arrangements for child's needs/car
6. lived OUTSIDE home for 6 months and parent willfully failed to visit: (a) no incidental visits (b) not prevented from visiting (c) distance of placement and ability to visit.
7. child lived OUTSIDE home and failed to make material contributions
8. child has been in FOSTER care last 15 of 22 months
Factors to evaluate custodial parent's move from SC
Mnemonic = "I Really Can't Expect Paternity After Letting the Cunt Bounce"
I - INTEGRITY of motives
R - quality of RELATIONSHIP bw custodial and non-custodial parent and child
C - quality of child's future CONTACT with non-custodial parent
E - custodial parent and kid's life ENHANCED (t.o.c.)
P - feasible to PRESERVE rel. bw non-cust-parent and child
A - ADVANTAGES of move
L - quality of LIFE improved
C - COST of transportation
B - BIOC
case = Walrath v. Pope
How do you distribute marital debt?
Prior to Divorce: Cts determine whether it was incurred for the benefit of both parties

After Divorce filed: Family ct may still equitably distribute debt before final divorce decree as long as the debt was incurred for marital purposes

Burden of proof on the party who makes such an assertion of marital debt
What 3 factors are NOT considered in making a custody determination?
1. Gender bias should not affect the decision
2. Race
3. Tender Years Doctrine Abolished (age of child = irrelevant)
Who is considered a legitimate child in SC?
1. Child of a valid marriage, even where the marriage is of questionable validity.
2. Child of a voidable marriage - child is legitimate if born before parties seek annulment
3. Child born after the marriage is dissolved but within the gestation period (10 mos) is presumed legitimate.
Can a person of 16 yrs of age be common law married in SC without parental consent?
YES! If you meet the other requriements of common law marriage (cohabitation, holding out), you do not need the consent of a parent or guardian to be common law married in SC between the ages of 16 and 18.
Common Law marriage requirements
Mnemonic = "ACH"
1. Agreement to be married
2. Cohabitation
3. Holding out to public.
Who has standing to establish paternity in SC?
1. Any pregnant woman
2. Any man with reason to know he’s the baby-daddy
3. Any child (can be minor).
4. Any person whose care a child has been placed
5. Authorized agency.
How do you establish paternity in SC?
Genetic tests are admissible to establish paternity if they show a statistical probability of paternity. A statistical probability of 95% or higher creates a rebuttable presumption of the putative father's paternity.
Note: Voluntary acknowledgement can establish paternity as well
Note: Tests are inclusionary or exclusionary, ie can/cannot be excluded as bio dad
Who is an illegitimate child in SC?
1. A child born of a VOID marriage.
But, a child is legitimate if either party to a bigamous marriage marries in good faith and ignorance of the other's incapacity to marry.
2. A child born out of wedlock.
But, a child born to un-married parents who later marry is considered legitimate.
Who has standing for an order of protection?
1. Any household member in need of protection
2. Any household member on behalf of minors
3. A minor child can bring an action to protect mother.
Requirements for an order of protection
1. Must allege existence of abuse to household member
2. Must state specific time, place, details of abuse
3. Must be verified (notarized)—if you don’t it fails.
4. Must inform the respondents of right to retain counsel.
What can an order of protection enjoin a spouse from doing?
1. Abusing, threatening to abuse, or molesting the petitioner or the persons on whose behalf the petition was filed.
2. Communicating or attempting to communicate with the petitioner in any way which would violate the provisions of this chapter
(This is not a prohibition against any communication - just threatening communication)
3. Entering or attempting to enter petitioner's place of residence, employment, education, or other location as the court may order.
Can an attorney represent both the husband and wife in an uncontested divorce?
NO! This would be a clear conflict of interest and would result in malpractice in most states.
What are some other ways to bar alimony besides adultery?
1. Res judicata (already litigated in previous proceedings and denied)
2. Agreement between parties to no support/maintenance
3. Cohabitation before final divorce decree (90+ days in a romantic relationship)
4. Waiver in a previous proceeding (reservation to claim alimony later must be express and clear)
Elements of Condonation
1. Forgiveness, express or implied, of an antecedent matrimonial offense on condition that it shall not be repeated
2. Mutual intention to renew full marital relationship, usually with cohabitation
3. Full knowledge of the marital offense
Note: Lapse of time raises a presumption of cohabitation
Factors that warrant deviation from child support guidelines
Mnemonic = $6 Equals I AM RAMMED
$ - Kid makes significant $$$$
6 - more than 6 kids
E - Educational Expenses
I - differences in Income
A - Alimony
M - Monthly fixed payments by ct
R- Reduction in Retirement of pension
A - Agreement bw parties
M - un-reimbursed Medical expenses
M - un-reimbursed Medical expenses for kid
E - Equitable distribution
D - consumer Debts
****Don't consider race, gender, or tender years doctrine
3 Exceptions to general emancipation rules
1. Pre-existing contract or court order to pay for child past 18
2. child has physical or mental disabilities
3. other exceptional circumstances warranting continued support
What is the rule for determining when a spouse is liable for marital debt?
Doctrine of Necessities applies to joint and several liability ( spouse will be liable for "necessary expenses of the other spouse")

For non-necessaries, creditors must first go after the primary obligor, and then non-debtor spouse second
In 1980, you inherit $50k and place the money into an account with your spouse worth $60k. In 2008, at the time of your divorce, the account is worth $200k. Is the inheritance traceable?
Only if the heir is able to show, transaction by transaction, that the money still exists.

You may also be able to use the Minimum Sum Balance Method to show that if the account never dipped below $50k, the money is traceable.
What date does SC use for property valuation in a divorce?
The date of the filing of the complaint. However, note that intentional delay of property ownership until after filing a divorce shall not prevent the finding of marital property.

Where the lack of ownership is attributable to any purposeful act or omission by the the spouse, the property will be considered MARITAL.
What is the difference between separate maintenance and alimony?
Separate Maintenance is temporary until you are divorced. The judge can decide whether separate maintenance can be tax deductible (discretionary tax consequences)

Alimony - post-divorce payments. The IRC says these payments must be deducted from the payor's income (pre-taxes) making the tax consequences of alimony MANDATORY.
How is debt usually allocated in a divorce?
Unsecured debts (credit cards) are equitably divided in a manner the court thinks is most fair. (balance of debts/assets)

Secured debts are usually awarded to the party with the property.
***Examples: A house goes w/ the mortgage and a Ferarri goes to the spouse with the car payment
What are the no-fault grounds for divorce in SC and what are the elements?
Living separate and apart for one year without cohabitation for a period of one year.

Mnemonic = "Sometimes I Come Over"
Elements:
1. the parties must live in SEPARATE domiciles
2. the separation must be INTENTIONAL
3. the separation must be CONTINUOUS, and
4. the period of separation must be at least ONE year immediately prior to the filing of the action.
What constitutes continued cohabitation for the purposes of terminating periodic alimony?
The supported spouse resides with another person in a romantic relationship for a period of 90 days or more consecutively.

Also, cannot be together for 89 days, separate for a week, and then get back together to avoid this statute.
What is DOMA and what does it say?
DOMA = Defense of Marriage Act

2 Key Provisions:
1. Federal - a same-sex couple married under state law will not be recognized for any purposes of federal law.
*Defines marriage as a legal union between one man and one woman as husband and wife

2. State - no state shall be required to recognize same-sex marriage that is valid under the laws of any other states.
Are contingent fees permitted in a divorce case? Are they permitted in any family law case?
Divorce? NOPE! This is a potential conflict of interest between you and your client as there is no incentive to settle.

Collection cases? YES! A contingent fee is permissible for post-judgment collection cases in family law. At this point, reconciliation is no longer an option. Judgment is due even if the couple gets back together.
Ways to end a marriage
Mnemonic - DADD
D - Divorce
A - Annulment
D - Declaratory Judgment: status adjudication
D - Death
How do you prove adultery in SC?
Adultery must be proven by Clear and Convincing evidence

Must have INTENT to commit adultery and REASONABLE OPPORTUNITY to commit adultery

Circumstantial evidence can be enough. (Ex: Staying in a hotel with another woman/sleeping overnight at another woman's home)
Psychological Parent test
Mnemonic = CHAP
Petitioner must show that:
C - the biological/adoptive parents CONSENTED to or fostered the relationship
H - the petitioner and child lived together in the same HOUSEHOLD
A - the petitioner ASSUMED obligations of parenthood without expectation of compensation
P - the petitioner has been in a PARENTAL role long enough to bond with the child
What is the residency requirement in C for obtaining a divorce?
1. One party resided in SC for at least one year; or
2. Both parties are residents in SC for 90 days.
What types of substantial changes in circumstances will justify a change of custody?
Mnemonic = "Children Relocated Always Display Changes"
C - Competency
R - Relocation
A - Addictions
D - Disability
C - Change in financial status
***Remarriage, in and of itself, does not constitute a substantial change in circumstances to warrant a change in custody - neither will failure to properly administer meds, provide dental care, or provide a consistent routine
Equitable Distribution Factors
Mnemonic = SCRATCH SLIMED HV
S - SEPARATE property
C - Child CUSTODY obligations
R - RETIREMENT benefits
A - Maintenance or ALIMONY
T - TAX consequences
C - CATCH-all
H - family HOME to custodial parent
S - SUPPORT obligations from prior marriage
L - LIENS or existing debt
I - INCOME & earning potential
M - Marital misconduct
E - additional training & EDUCATION
D - Duration
H - Health
V - VALUE of marital property
Factors to Consider in Alimony or Separate Maintenance
Mnemonic = SEE T SC MD CHEEP
S - Support obligations from prior marriage
E - Educational background
E - Employment history & earning potentials
T - Tax consequences
S - Standard of living
C - Custody of the brats
M - Misconduct
D - Duration
C - Catch all
H - Health
E - anticipated Earnings
E - anticipated Expenses
P - Property: marital and separate
Difference between a VOID and VOIDABLE marriage
A marriage is VOID when it is good for no legal purpose. It's invalidity may be maintained in any proceedings, in any court, between any parties, wether in the lifetime or after the death of the supposed husband and wife, and whether the question arises directly or collaterally.

A VOIDABLE marriage can be set aside only by the parties during the lives of both of the parties. Until set aside, it is practically void.
Steps for property division
1. Identify all real, marital and personal property
2. Determine fair market value
3. Identify proportionate contributions to acquisition or marital property
4. Provide equitable distribution.
Test for Transmutation of property from marital to non-marital
***Focus on Intent***

Mnemonic = "GUT Check"

G - one spouse transferring property to the other as a GIFT.
U - UTILIZED by parties in support of marriage.
T - jointly TITLED
C - becomes so COMMINGLED with marital property as to be untraceable.
What are the four grounds for annulment?
Mnemonic = "Let's Annul, Francie Daniel"

L - Lack of cohabitation
A - Affinity & consanguinity
F - Fraud
D - Duress
What type of fraud is required for an annulment?
Fraud must go to the essentials of marital relations. This includes sanity, impotency, sterility, and inclination to have children.
What are the 6 bars and defenses to fault grounds divorce?
1. Recrimination
2. Provocation
3. Connivance
4. Condonation
5. Reconciliation
6. Collusion
What is the defense of recrimination?
Recrimination is an affirmative defense or bar to divorce on grounds of fault in which one party alleges off-setting faults by both parties.
What is the defense provocation?
Provocation is a defense or bar to divorce on grounds of fault in which the fault-based conduct was provoked by one party.
What is the defense of connivance?
Connivance is a defense or bar to divorce on grounds of fault in which one party has falsified fault grounds.
What is the defense of condonation?
Condonation is a defense or bar to divorce on grounds of fault in which the alleged fault has been forgiven by the opposing party.
What is reconciliation?
Reconciliation is a defense or bar to divorce on grounds of fault in which one party unconditionally forgives the other.
What is collusion?
Collusion is a defense or bar to divorce on grounds of fault in which a secret agreement is made between the spouses for a fraudulent, illegal, or deceitful purpose.
What are three categories of people who are prohibited from marrying in SC?
1. No mentally incompetent persons may marry.
2. No man shall mary a blood relative (excluding cousins)
3. No woman shall marry a blood relative (excluding cousins)
SC Change in Custody or Visitation (non-custodial parent to establish)
Court must find:
1. Substantial change in circumstances affected welfare of child.
2. A change in custody is in BIOC.
What is non-marital property?
1. Property acquired by gift, inheritance, or devise
2. Property acquired before marriage
3. Property acquired after temporary orders
4. Property exchanged for non-marital property
5. Property excluded by written contract
6. Passive increases in value of non-marital property during the marriage
Who has standing to seek a protective order?
Mnemonic = "Big Poppa Has Very Aggressive Conduct"

B - by any person on BEHALF of a minor household member
P - petition must allege time, PLACE, manner of abuse
H - HOUSEHOLD member
V - petition must be VERIFIED
A - allege ABUSE
C - inform def. of his right to COUNSEL
Forms of Alimony
1. Temporary
2. Statutory Alimony
a. Rehabilitative
b. Reimbursement
c. Bridge the Gap (not SC!)
d. Permanent, Indefinite, or Periodic
3. Lump Sum Alimony
What type of alimony is favored in SC?
Periodic alimony is favored in SC
Fault Grounds in SC
1. Adultery
2. Desertion for 1 year
3. Physical cruelty
4. Habitual drunkenness
What conduct qualifies as domestic violence?
It is unlawful to:

1. Cause physical injury to a person's own household member; or
2. Offer or attempt to cause physical harm or injury to a person's own household member with the apparent present ability under circumstances reasonably creating fear of imminent peril.

Note: Domestic violence includes more than family.
What is set forth in a court order establishing paternity?
Once paternity is established, a duty of support attaches. A court may order either or both parents to contribute to the support of the child.

1. Amount is determined by the needs of the child and the ability of the parents to pay.

2. Court may also provide "other relief" as requested and which is "considered reasonable and just by the court."

3. Court retains jurisdiction to modify the order.
What is the minimum age for a valid marriage in SC?
1. 16-18 (need parental consent)
2. 18+ (valid)
3. Under 18, but pregnant (5 req'ts)
What is needed for a pregnant minor to get married in SC?
1. Need a doctor's note
2. Agreement of both parents
3. Parental/guardian consent for the female
4. At any age
5. No parental consent needed for the male
Divorce Residence Requirements
1. One party resided in SC for at least one year; or
2. Both parties are residents in SC for 90 days.
True or False: A parent can agree with another parent not to pay child support if approved by the court?
False: As long as you have parental rights, parents CANNOT agree to contract away child support payments. Court must approve your agreement and the court will ALWAYS find what is in the best interests of the child.
What are the "Moore" factors for awarding custody to non-parents?
1. Parent must prove to be a fit parent, to be able to care for child and provide a god home
2. Amount of contact, in form of visits or financial support, from parents while child was in the care of 3rd party
3. Circumstances under which temporary relinquishment occurred
4. Degree of Attachment between child and temporary custodian

***Relinquishment must be voluntary and the BIOC are paramount***
6 "Glassock" factors for awarding attorney's fees:
Mnemonic: "No Time for Big Cocks or Puny Cocks"

N - NATURE, extent and difficulty of case
T - TIME necessarily devoted to the case
P - PROFESSIONAL standing of counsel
C - CONTINGENCY of compensation
B - BENEFICIAL results obtained
C - CUSTOMARY legal fees for similar services
Custody Factors
Mnemonic: "Please Consider Other Attributes, Please"

P - Primary caretaker
C - Conduct, attributes, fitness of parents
O - Opinions of 3rd parties (GAL, experts, kids)
A - Age, health, sex of kids.
P - Physiological, physical, etc aspects of kid’s life.
What are the defenses to Premarital agreements?
1. Agreement was obtained through fraud, duress, or mistake
2. Agreement is unconscionable ( so oppressive that no reasonable person would make them or accept them)
3. Misrepresentation or Non-Disclosure of material facts (eg, hidden assets)
4. Facts and Circumstances changed since the agreement was executed so as to make it unfair
In what circumstances does an unwed father's right to consent to adoption depend on the age of the child?
Consent is required if the father is not married and the child is over 6 months old, and the father has maintained contact by:
1. Paying support; and
2. Visiting monthly; or
3. Having regular communication with the child when he cannot visit.

***Good faith efforts are enough***

Father's consent is required if he is not married and the child is less than 6 months old if:
1. Father lived with mother for 6 months immediately proceeding placement for adoption and held himself out as the father; or
2. Father paid support for the child or expenses of mother's pregnancy or birth.
What are some unusual circumstances that make out-of-state placement/adoption in the BIOC?
1. Adoptive parents' participation in the birth of the child
2. Bonding between adoptive parents and child
3. Birth parents selection of adoptive parents

***Court must balance these exceptional circumstances against SC's policy against "baby-selling"***
Who must consent to adoption?
1. Unwed father - depending on age of child and history of support
2. Adult to be adopted and spouse of adoptive parent
3. Legal guardian, agency, or custodian of child if TPR or deceased parents
4. Mother of child when mom not married
5. Minor child, if more than 14 years old
6. Agency placing the child
7. Parents or surviving parent of child born during marriage
Who may adopt?
Any SC resident, but SC residency is not required if:
1. Child is related biologically or by marriage
2. Unusual circumstances such that BIOC would be served by placement/adoption out of state
3. At least one of the adoptive parents is in military service, stationed in SC
4. Child is a special needs child
5. Foster care for 6+ months and no SC home
6. Notoriety of child/child's family
Who may be adopted?
1. Any child present in SC when the petition for adoption is filed, regardless of place of birth or residence.
2. A spouse's child or a child related by blood or marriage.
3. Any adult can adopt another adult with the consent of:
a. The adult adoptee or his/her guardian; AND
b. Adoptive parent's spouse, if the adoptive parent will be the sole adoptive parent
Prenups are presumptively enforceable when:
1. In writing
2. After full financial disclosure
3. Voluntarily executed
4. Every party represented by counsel
What is periodic alimony?
Based on the duration of the marriage, overall financial situation of the parties, whether either spouse was more at fault, and modifiable.
What is Lump Sum alimony?
Must show special circumstances to get this (terminates only at death of supported spouse).

***NOT MODIFIABLE***
What is Rehabilitation alimony?
Must show special circumstances like need for retraining/training

***Modifiable - terminates upon specified event***
What is Reimbursement alimony?
Need special circumstances

***NOT MODIFIABLE***
What is Periodic Alimony?
***PREFERRED FORM OF ALIMONY***

Based on 3 factors:
1. Duration of marriage
2. Overall financial situation of parties
3. Whether either spouse was more at fault.

Terminates at:
1. Remarriage
2. Death of supported spouse
3. death of paying spouse
4. Continued cohabitation

***Modifiable due to changed circumstances***
Can termination of alimony rules be changed by agreement between parties?
Yes! However, termination at death of supported spouse is required under federal law, and so this type of termination may not be modified by agreement in any form of alimony.
What are the 3 defenses to annulment?
1. Condonation - continued cohabitation
2. Laches - failure to file for annulment within a timely manner
3. Ratification - marriage that is voidable for lack of mental capacity may later be ratified by conduct of spouse who brings annulment action
"Troxel" factors for awarding Grandparent visitation
1. There must be a written finding that visitation would be in the BIOC; and
2. Would not interfere with the parent-child relationship; and
3. Court must consider the nature of the relationship bw child and grandparents prior to filing the petition/complaint.
When can visitation be awarded to grandparents over a parent's objection?
Under Camburn v. Smith:
1. Parent must be shown unfit by clear and convincing evidence; or
2. Compelling circumstances must exist to overcome the presumption that the parental decision is in the BIOC
A child becomes emancipated when...
1. they reach 18 yrs of age unless in high school
2. the child marries
3. the child becomes self-supporting
4. graduation from high school (if already 18 but not to exceed 19 unless exceptional circumstances exist)
What are 4 examples of insufficient evidence of living separate and apart for one year?
1. Occupying separate bedrooms in the same house
2. Occupying buildings on the same property, even if unconnected
3. Involuntary separation due to military service
4. Spending one night together would reset the one year time period
How do you prove habitual drunkenness in SC?
1. The use/abuse of alcohol or other drugs causes the breakdown of normal marital relations; and
2. the drunkenness must exist at or near the time of the lawsuit;
3. must be a fixed habit of frequently getting drunk;
4 does not necessarily imply continual drunkenness (doesn't need to be an alcoholic)
What are the elements of Desertion?
1. Cessation from cohab for 1 year
2. Intent not to resume cohab by absent party
3. Absence of consent
4. Absence of justification for cessation
What is the defense of Recrimination?
This is a defense in an action for divorce in which the accused party makes a similar allegation, as of adultery or physical cruelty, against the plaintiff spouse. Recrimination is a defense to an action for divorce if the acts of recrimination constitute in themselves a ground for divorce.
What is Reconciliation?
Unconditional forgiveness.
1. Mutual intent;
2. To resume married life entirely or reestablish the marital relationship on a permanent basis
3. Mutual agreement to reconcile, accompanied by or followed by acts indicative of such intent
4. Parties live together as husband and wife and take up their respective roles in the relationship
What is Condonation?
Condonation is fogiveness, express or implied, by one spouse for breach of a material duty by the other, with implied condition that no future offenses will occur. Full knowledge of the marital offense must be had.
What is Collusion?
A secret agreement between 2 or more parties for a fraudulent, illegal, or deceitful purpose.
What is Provocation?
1. Spouse would not have acted in a certain manner but for the misconduct of the complaining spouse; and
2. The retaliatory cruelty complained of must not be out of proportion to the provoking conduct

***this is often used as a defense to physical cruelty***
Family Court Jurisdiction Includes:
1. Divorce
2. Annulment
3. Spousal and child support
4. Abuse cases
5. Custody proceedings
6. Grandparent visitation
7. Common-law marriage
What are the legal effects of annulment?
1. No alimony
2. Temporary support may be available during pending annulment action
3. Custody shall be decided as in a divorce
4. Legitimacy of children is unclear in SC
5. Property will be divided by equitable distribution.

***Family court has jurisdiction over all annulment issues***
4 Types of Marriage that are void ab initio
1. MInors under age
2. Lack of capacity to marry
3. Polygamy/bigamy
4. same sex marriages
Marital Property
Mnemonic = "Good Stuff Acquired During Venture"

G - GIFTS between spouses during marriage
S - property held in joint tenancy with rights of SURVIVORSHIP whether acquired before or during marriage
A - APPRECIATION of non-marital assets bc of efforts of either spouse
D - property acquired DURING marriage regardless of title
V - VESTED/non-vested funds acquired during marriage
What are some examples of a special equity interest in marital property?
1. Lack of compensation (ex: if H acts as bookkeeper in W's business w/out pay, H may be awarded a special equity interest in the business upon divorce)
2. Marital Residence - a spouse has an equitable interest in the appreciation of property to which she contributed during the marriage, even if the property is non-marital
CL Marriage
Requirements:
Mnemonic: "ACH"

1. Agreement to be married
2. Cohabitation
3. Holding out to public.
Formal Marriage Requirements:
Mnemonic = FLIP CO

1. no FRAUD/duress
2. License
3. no Impediments
3. no PROXY marriage
4. Consummation by cohabitation
6. conducted by OFFICIAL authorized by law.
Difference Btwn Cohabitation & Marriage
1. Tax Consequences
2. Inheritance
3. Public policy favors marriage
4. Medical/Insurance benefits
5. Social Security
6. Cohabs don’t need court to break up
7. Cohabs have no alimony or spousal support
8. Cohabs don’t get necessaries
9. Presumption of legitimacy of kids
10. Property rights upon divorce
11. Spousal privilege
12. Insurance: same-sex couples.
Factors of Meretricious relationship
1. Continuous Relationship
2. Duration
3. Purpose
4. Pooling of resources/services for joint project
5. Intent of the parties.
3 Prong Analysis of Disposing of Property
1. Determine whether meretricious relationship existed.
2. If it existed, evaluate interest of each party in property acquired during relationship.
3. Court makes just & equitable distribution.
Establishing Maternity Under UPA
1. Woman gave birth to kid
2. Adjudication of woman’s maternity
3. Adoption of child by woman
4. Adjudication confirming woman as parent of child born to gestational mother.
Standing for Paternity:
1. Any pregnant woman
2. Any man with reason to know he’s the baby-daddy
3. Any child (can be minor).
4. Any person whose care a child has been placed
5. Authorized agency.
Required Divorce Delays
1. No hearing for 2 months
2. No decree for 90 days
3. No delay for grounds of desertion
4. No delay if separated for a year.
Property Regimes During Marriage
1. Title Theory
2. Community Property
Property Regimes at Divorce
1. Equitable distribution
2. Community
3. Kitchen Sink
Restrictions on Alimony
1. Remarriage
2. Continuted cohabitation of supported spouse
3. Death of either
Modification of Alimony Factors
Mnemonic = Francie seems eager during her self-induced power-washing.

1. Financial positions changed
2. Similar circumstances in past.
3. Effects of modification
4. Duration
5. Health
6. Purpose
7. Self-induced changes?
What is Income?
Mnemonic = TIP BC'S SUV DRAWS WAR

T - Trust Income
I - Interest
P - Pensions
B - Bonuses
C - Capital gains
S - Salaries
S - Severance pay
U - Unemployment
V - Veteran's benefits
D - Dividends
R - Royalties
A - Annuities
W - Wages
S - Social security
W - Worker's comp
A - Alimony
R - Rents
Remedies to Child Support Enforcement
1. Income withholding
2. Contempt
3. Criminal prosecution
4. Civil remedies
5. Termination of parental rights
6. Revocation of self-created privilege
7. Incarceration
Property Regimes During Marriage
1. Title Theory
2. Community Property
Property Regimes at Divorce
1. Equitable distribution
2. Community
3. Kitchen Sink
Restrictions on Alimony
1. Remarriage
2. Continuted cohabitation of supported spouse
3. Death of either
Modification of Alimony Factors
Mnemonic = Francie seems eager during her self-induced power-washing.

1. Financial positions changed
2. Similar circumstances in past.
3. Effects of modification
4. Duration
5. Health
6. Purpose
7. Self-induced changes?
What is Income?
Mnemonic = TIP BC'S SUV DRAWS WAR

T - Trust Income
I - Interest
P - Pensions
B - Bonuses
C - Capital gains
S - Salaries
S - Severance pay
U - Unemployment
V - Veteran's benefits
D - Dividends
R - Royalties
A - Annuities
W - Wages
S - Social security
W - Worker's comp
A - Alimony
R - Rents
Remedies to Child Support Enforcement
1. Income withholding
2. Contempt
3. Criminal prosecution
4. Civil remedies
5. Termination of parental rights
6. Revocation of self-created privilege
7. Incarceration
Property Regimes During Marriage
1. Title Theory
2. Community Property
Property Regimes at Divorce
1. Equitable distribution
2. Community
3. Kitchen Sink
Restrictions on Alimony
1. Remarriage
2. Continuted cohabitation of supported spouse
3. Death of either
Modification of Alimony Factors
Mnemonic = Francie seems eager during her self-induced power-washing.

1. Financial positions changed
2. Similar circumstances in past.
3. Effects of modification
4. Duration
5. Health
6. Purpose
7. Self-induced changes?
What is Income?
Mnemonic = TIP BC'S SUV DRAWS WAR

T - Trust Income
I - Interest
P - Pensions
B - Bonuses
C - Capital gains
S - Salaries
S - Severance pay
U - Unemployment
V - Veteran's benefits
D - Dividends
R - Royalties
A - Annuities
W - Wages
S - Social security
W - Worker's comp
A - Alimony
R - Rents
Remedies to Child Support Enforcement
1. Income withholding
2. Contempt
3. Criminal prosecution
4. Civil remedies
5. Termination of parental rights
6. Revocation of self-created privilege
7. Incarceration