Question | Answer |
Types of Support | |
-- | |
These all consider 2 factors: | |
-- | |
2 TYPES OF SUPPORT BETWEEN SPOUSES | |
-- | |
--Purpose of 1st | |
--Purpose of 2nd | |
--Common Elements between these two: | |
-- | |
In General---'Needs' includes aspect of 'Needy.' These include | |
-- | |
-- | |
--expanded to include... | |
-- | |
-- | |
-- | |
-- | |
-- | |
'Needs' also include 'means' to satisfy these needs. These include | |
-- | |
-- | |
In General--'Ability to Pay' includes... | |
INTERIM--Variations in the notion of 'need' | |
| Question | Answer |
--for purposes of Interim support, the claimant's ______ is off limits. | |
--Can the claimant's untapped earning capacity be taken into account? | |
--According to the 2nd and 5th Circuits, EUC ordinarily | |
--exception if.. | |
--...and claimant is... | |
--According to the 1st, 3rd, and 4th Circuits, EUC ordinarily | |
--however, this factor is not to be given | |
Critique of solution of 1st, 3rd, and 4th | |
--Consideration of earning potential is... | |
--Consideration of earning potential is also inconsistent with idea that... | |
INTERIM--Variations in the notion of 'ability to pay' of payor | |
--General rule | |
--Can untapped earning capacity be considered for the payor? | |
INTERIM--CAP | |
INTERIM--BAR to Award | |
FINAL ALIMONY | |
Overriding Principle | |
--9 Factors | |
-- | |
-- | |
-- | |
-- | |
-- | |
-- | |
| Question | Answer |
-- | |
-- | |
--This list is merely.. | |
--No one factor is.. | |
--Factors must be... | |
--Form | |
--Only if spouses agree, payment can be made in | |
FINAL--CAP? | |
--Net of what? | |
FINAL--BAR? | |
--Fault must have occurred | |
--Another requirement for fault here... | |
NEEDS OF THE PARTIES--includes... | |
INCOME AND MEANS | |
FINANCIAL OBLIGATIONS | |
EARNING CAPACITY | |
EFFECT OF CUSTODY ON EARNING CAPACITY | |
--Would weigh in favor of increase in award | |
TIME NECESSARY TO RECEIVE EDUCATION TRAINING OR EMPLOYMENT | |
HEALTH AND AGE | |
--Older you are, greater your likely... | |
--...and less likely you will be | |
DURATION OF MARRIAGE | |
--affords court a means of assessing the degree to which a spouse's habituation to | |
|
Comments