Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
30 Cards in this Set
- Front
- Back
alimony pendente lite =
|
post separation support
|
|
Alimony =
|
payment for support and maintenance of spouse or former spouse ordered through divorce, annulment or separate from divorce
|
|
dependent spouse =
|
someone who relies on the other person for their maintenance and support
|
|
supporting spouse =
|
the one who is financially able to provide for the maintenance and support of their spouse or former spouse
|
|
examples of marital misconduct
|
illicit sexual behavior; involuntary separation due to commission of crime; abandonment; malicious kicking out of house; cruel or barbarous treatment; making life intolerable for other spouse; reckless spending including waste; excessive use of drugs/alcohol; failure to provide needed subsistence
|
|
PSS =
|
what is paid while waiting for final alimony judgment
|
|
when can PSS be awarded
|
during divorce, annulment or separately
|
|
the basis for PSS ...
|
finan. needs of parties + stand of living + employment income + income earning ability + debts + reasonable expenses + any other support payments that are made to others
|
|
What happens if the dependent spouse has participated in adultery
|
they can't get PSS or alimony
|
|
When is a dependent spouse entitled to PSS
|
when it appears that their resources are not sufficient to meet their reasonable needs and the supporting spouse can pay
|
|
What happens if the supporting spouse has committed adultery
|
they will have to pay alimony or PSS
|
|
What happens if both supporting and dependent had marital misconduct
|
court will handle on case by case basis in determining who would or would not get or have to pay
|
|
Will marital misconduct that takes place during separation ever be considered
|
yes, the court may look at it to support the claim that marital misconduct took place during the marriage
|
|
Who can move for payment of alimony
|
Either party
|
|
Can you get alimony from an annulment
|
no, only PSS
|
|
Which does the court hear first, ED or alimony claims
|
the court can deal with the alimony before ED is distributed
|
|
If alimony is determined before ED...
|
the court can wait to determine amount and who is dependent or supporting after the ED is settled
|
|
What happens if an act of illicit sexual behavior was condoned by the other spouse
|
It will not be considered in the alimony determination
|
|
How long does an alimony or PSS award last
|
It's up to the court and can be for an undefined term or for a specific period
|
|
Factors used to determine amount, duration and manner of alimony payments - Pt. 1
|
marital misconduct of either; earnings and earnings capacity; ages; physical mental and emotional conditions; amount/sources of income; how long married; contribution of one spouse to the other's education or increased earning power
|
|
Factors used to determine, amount, duration and manner of alimony payment - pt. 2
|
impact of child custody on earning power and finances; standard of living; amt of education and how long would take to improve to be self sufficient; assets and liabilities; property either bought to marriage; contribution as homemaker; relative needs; tax impact; factors related to economic circumstances
|
|
What does the court have to provide when they bring their alimony decision
|
how they came up with the approval or denial
|
|
When can a jury trial be requested for alimony
|
either spouse can request to handle determination of whether there was marital misconduct
|
|
Can attorneys fees be included with alimony determinations
|
Yes, if alimony is awarded, the dependent spouses attorney fees can also be paid by the supporting spouse
|
|
When will alimony, PSS and counsel fees not be available as a remedy
|
whenever there is a premarital agreement or separation agreement that settles the matter
|
|
How can alimony or PSS be paid
|
lump sum, periodic payments, income withholding, transer of title to property
|
|
What happens if someone doesn't pay their court ordered alimony or PSS
|
Can be enforced through civil contempt and punished by criminal contempt
|
|
How does a person modify or terminate alimony or PSS
|
when there is a motion and a showing of changed circumstances by either party
|
|
When is there an automatic termination of alimony or PSS
|
when the dependent spouse remarries, starts living with someone else, or death of supporting or dependent spouse
|
|
Cohabitation is....
|
two adults living together on a continuous basis in a private heterosexual relationship - includes private homosexual relationship
|