The decision to grant alimony is within the discretion of the court.
True
Permanent alimony is permanent
False
When can alimony be terminated?
remarriage, cohabitation or death
What is alimony?
The sum of money or property paid to by a former spouse to the other former spouse for financial support.
History of alimony?
Bed and board; based on fault; didn't sever the marriage but they lived seperate.
Types of maintenance in Indiana
spousal incapacity, caregiver maintenace (child incapacity) and rehabilitative maintenance
How long can one get rehabilitative maintenance?
3 years
Divorcing parties may not terminate alimony on their own.
False, they can
Is alimony taxable?
yes
Indiana courts will look at the relative fault
of each party in the termination of the marriage when determining an award for
alimony.
False, Indiana is a no-fault state
A divorce of bed and board did not include the
right to remarry
true, you are still legally married but live apart
What is the purpose of rehabilitative alimony?
to provide one spouse with limited support in
order to give him/her the opportunity to become self-sufficient
Under Ecclesiastical law, if a wife caused the
breakdown of the marriage, she was not entitled to alimony
true
Another name for ‘pendent lite alimony’ is provisional alimony/maintenance
true
What 2 factors does the court normally weigh in
determining whether to award alimony/maintenance and what amount to award
balancing the need v. ability to pay
In general, when can alimony be modified
when a substantial change happens since the date of the order
types of alimony
pendente lite, permanent, rehabilitative, nominal and reimbursement
In Indiana, a spouse may be entitled to the
personal good will of the other spouse’s business
false, they are only entitles to enterprise good will
what is enterpise good will
an asset of the business
In a jurisdiction that recognizes separate and
marital property, all appreciation in value of assets brought into the marriage
is treated as marital property
False, depends on the contributions made by each spouse
Property titled in one spouse’s name is never a
marital asset
false, it depends on how the state views marital v. seperate property. such as if a house was purchased during or before the marriage.
A professional degree may be characterized as a
marital asset
true, but indiana does not recognize it
In Indiana, what property is potentially not divisible
in a dissolution of marriage action
it is all potentially divisible based on the "one pot theory". you can bring about a rebuttable presumption though
In Indiana, what is the presumption concerning
property distribution
equitable distribution
If a spouse is injured during the marriage, but
does not recover any money from the defendant until after the divorce is filed, is the recovery in the tort action a marital asset? Why or why not
yes as long as its not for future wages
In those states that recognize “separate
property”, what effect does commingling have on such property
it transmutates the sperate property into marital property
What is dissipation
depletion of the marital assets by overspending or destroying property or assets
what are the types of concurrent ownership
joint tenancy with right of survivorship, teneancy in common, tenancy by the entirety and community property
what is joint tenancy with the right of survivorship
owns equal portions and upon death it passes to the other, selling turns the party into tenancy in common, 4 unities-possession, interest, time and title
what is tenancy in common
owners own unequal shares but have equal rights to use property , may will, gift or sell their interest
what is tenancy by the entirety
only exists between a husband and wife
what is community property
all income and property acquired during marriage is owned equally. indiana is not a community property state
what is marital property
property, assets, debts or income acquired during the marriage
seperate property
property acquired before the marriage or if after then by gift, will or inheritance with a specific spouse named
marital property
property or income acquired during marriage
transmutation
transformation of seperate property into marital property, happens when comingling comes into play
comingling
titling things together, using property to support the marriage
tracing
process of determining when the asset wasacquired by tracking its orgin
what are the juridisctional approaches to property distribution
traditional (common law-by title), equitable distribution (50/50), community property
equitable distribution
Statutes that allowed the court to distribute property acquired during marriage on the basis of equity or fairness
indianas "one pot theory"
everything goes into one pot and gets divided equally; equitable distribution
community property
two pot theory; —Property acquired during the marriage belongs equally to each spouse, unless it is separate
property
QDRO
qualified domestic relations order; a court order requiring that a specific portion of the pension be paid to the nonemployee
dissapation
depleteing or wasting away of the marital assets; spouse who was depleting the assets may be required to compensate the other spouse
is alimony dischargeable in bankruptcy
no
will a spouse suffer negative effects of the other spouse filing bankruptcy after the marital assets have been distributed
no
In Indiana, if a parent does not have any
parenting time with his/her child, then he/she will not have to pay any child
support for that child
false, they are not linked
Third parties generally have no right to
judicially-mandated visitation in an intact family
true
Virtual visitation is taking the place of live
visitation all over the country
false, it is a supplement
A man will be presumed to be the father of a
child born during the marriage
true
Indiana legally recognized surrogacy contracts
as enforceable
false
Joint physical custody involves shared
decision-making concerning the child’s upbringing
false, joint legal custody
List and explain the various methods/standards used
to determine custody throughout history
patria proestas, tender years and best interest of the child
What are the statutorily relevant factors courts
in Indiana consider when determining the best interest of the child?
the childs age and sex,
the mental/physical health of everyone involved,
the wishes of the childs parent,
evidence of family/domestic abuse,
the childs wishes if 14 or over,
the childs adjustment to school/community,
the childs relationship with the parent, siblings or anyone else involved,
whether or not the child has been cared for by a de facto custodian
When can a grandparent petition for grandparent
visitation in the state of Indiana
when the parents are deceased
the aprent are divorced
the child was born out of wedlock and paternity has been established
patria protestas
children were viewed as property and therefore went to the fathers
tender years
prominent in the 1970's
presumption that children 12 and under were better off with their mother
the best interest of the child
no presumption of either parent
determined by primary caretaker, physchological parent and statutes
what are the types of custody
sole
joint
legal
physical
split
distinction between physical and joint custody
physical custody is where the child resides and legal custody means the decision making
joint custody
both parent may share in major decision (legal custody) and both parent may share in haveing the child reside with them (physical custody); parents must agree to this
joint physical custody
the child stays with each parent at different times and the times do not have to be equal; its often accompanied by joint legal custody; half month with one parent and other half with other parent
joint legal custody
both parent share in the decision making process of the childs upbringing; more common than joint physical custody
a de facto custodian must be made a party to an action
true
history of paternity
it was legally established by marriage
what was the historical purpose of paternity
to deter promiscuity, reinforce the institution of marriage, protect famikly lineage
types of reform regarding paternity
creating linited family right, equal protection clause added, presumption of paternity
what are the 2 ways to establish paternity
paternity action in the court
executing a paternity affidavit
in indiana are surrogacy contracts valid
no, they are against public policy
does indiana have statutes on assisted conception
no
when does child support stop in indiana
when the child reaches 21 unless the child is emancipated before then, is incapacitated, the child is 18, able to support themselves or is not enrolled in college or hasnt been for 4 months
family support act of 1988 support special circumstances for deviation with child support
true
purpose of child support guidelines
to make things fair and to put the child in a position as if the marriage was still intact
when can child support be modified
when a substantial change has occurred of at least 20%
only after 12 months
ways to enforce child support
licenses revoked, wages garnished, passports not renewed or granted
