Family Law Part A: Answer each of the following questions Inn composition of 10 to 20 sentences. Each answer is worth 20 points.
- Discuss how the presumptions regarding child custody have changed over the past 250 years.
- How are disability and personal Injury awards treated in cases of divorce? Are they considered marital or separate property? How is this determined?
- Arnold and Lisa dated for two years before they got engaged. Arnold worked in real estate, and Lisa worked as a nurse. Lisa met Arnold’s very wealthy family, who frequently told her what a great catch he was because of all the commercial rental property he had inherited from his family.
During the second year they dated, Arnold made sure that Lisa visited every piece of properly he owned. About six months before the wedding, Arnold asked Lisa to sign a premarital agreement. The agreement called for Lisa to receive $70,000 a year in alimony for five years if the couple divorced.
Arnold and Lisa are now getting divorced because Lisa discovered he was having an affair with her best friend. Explain the four factors that will persuade a court that the premarital agreement is enforceable.
Family Law Part B: Answer each of the following questions in 2 to 4 sentences. Each answer is worth 4 points.
- As a way of fulfilling its duty to aid custodial parents in collecting child support payments from noncustodial parents, can a state withhold a marriage license until child-support payments from an earlier marriage are brought current? Why or why not?
- What no-fault grounds for divorce would the couples below cite?
a. Tim and Tina were married In 1998. In 2010, Tina took a Job in California, while Tim stayed In Maine. Tim has never had any desire to move to California, and Tina refuses to move back to Maine. They’ve seen each other twice since the beginning of 2013.
b. Janice loves classical music and the arts. In 1992, she married Joe, who’s a fan of beer, and whatever ball game that is on television. At first, Joe was willing to go to museums with Janice, and Janice was willing to watch ball games with Joe, but after two years, they fight almost every day.
- How is community property treated at the death of a spouse?
- Kim and Trevor divorced after two years of marriage. Trevor received sole physical custody of their son, Kyle, but the couple agreed to split legal custody of Kyle. What rights does Trevor have in deciding Kyle’s upbringing, and what rights does Kim have?
- What does a man need to prove if he seeks an annulment based on frau, claiming the wile lied and told him she was pregnant?
- When Stewart and Anne divorced. Anne was granted custody and Stewart was ordered to pay child support of $3,000 per month. At the time of the divorce, Stewart was working as a lawyer at a dot-com. Two years have passed, and Stewart wants to cult his lob as a lawyer and work for the Peace Corps. If he does so he’ll be able to pay only $1.000 in child support. What factors will the court look at in considering this request? Is the court likely to grant a downward modification of a child support order? Explain.
- What is the general rule about alimony and cohabitation? What facts would the court consider in deciding whether cohabitation should affect alimony?
- How does a child come into the custody of a state adoption agency?
- What is evidence-based prosecution, and under what circumstances Is it used?
- List the characteristics of an effective separation agreement.