Spousal Support Basics
This theory views marriage as an economic partnership.
What is Partnership Theory?
Temporary support awarded after separation but before divorce.
What is Post-Separation Support?
Child support is legally owed by this many parents.
What are two parents?
Custody relating to decision-making authority.
What is Legal Custody?
The legal standard used in custody decisions.
What is the Best Interest of the Child standard?
A spouse who cannot maintain a similar standard of living post-divorce.
What is a Dependent Spouse?
Alimony intended to help a spouse become self-supporting.
What is Rehabilitative Alimony?
Legal determination required when parents are unmarried.
What is establishing paternity?
Custody relating to where the child lives.
What is Physical Custody?
A child’s preference is this type of factor.
What is a non-determinative factor?
The two determinations a court must make before awarding alimony.
What is dependent spouse and supporting spouse?
A one-time payment replacing ongoing support.
What is Lump Sum Alimony?
Support generally ends at this age or upon this event.
What is age 18 or high school graduation?
Custody where one parent has all rights.
What is Sole or Exclusive Custody?
Law governing interstate custody jurisdiction.
What is the UCCJEA?
Name three factors courts consider when determining spousal support.
What are earnings, misconduct, length of marriage, health, contributions, tax consequences?
Support awarded while spouses live apart but remain married.
What is POST SEPARATION (TEMPORARY) Pendente Lite or (PSS) Post Separation Support or Separate Maintenance?
This is required to modify a child support order.
What is a substantial change in circumstances?
Custody where both parents share authority.
What is Joint Custody?
How long a child must live in a state for it to be the home state.
What is six consecutive months?
This conduct automatically terminates spousal support if proven.
What is remarriage or cohabitation involving a sexual relationship?
Explain the difference between Post-Separation Support and Alimony.
Post-Separation Support is temporary; Alimony is post-divorce.
Name two enforcement tools courts may use for unpaid support.
What are wage garnishments, contempt, or incarceration?
Explain the difference between primary and secondary custody.
Primary is the main residence; secondary gets visitation rights.
Explain the Nexus approach used in custody cases.
What is examining whether conduct negatively affects the child (nexus)?