Chapter 14 BUSINESS 8

Assume that, upon divorce, Alan is ordered by the court to pay permanent alimony to his former wife, Margaret, in the amount of $3,500 per month. Three years later, which of the following factors could be a proper legal basis for Alan's application to the court for a reduction in the amount of alimony he must pay to Margaret?

Margaret remarries.

In a community property state, property inherited from a favorite aunt or uncle is community property.

False

In property division after divorce, martial distributions must be equal in an equitable distribution state.

False

The Uniform Marriage and Divorce Act, specifies several factors for determining custody arrangements. The wishes of the child is not one of the factors provided.

False

The Full Faith and Credit Clause of the U.S. Constitution requires that each state recognize, as valid, each of the following family relationships except a

French marriage.

Legal topics vary from country to country and this is sometimes true in family law. Which of the statements below is true regarding family law and it legal international differences and commonalities.

In France, local officials can overrule names chosen by parents whereas in the United States they cannot.

Which of the following may be a valid basis on which to obtain an annulment of a marriage?

The wife lied to her husband-to-be shortly before the marriage by declaring that she was willing to bear children.

All states provide for some variety of "no-fault" divorce, even though some states also provide for divorce based upon the fault of a spouse.

True

Courts will not enforce marital contracts, prenuptial or otherwise, that are unconscionable.

True

Family law is generally an area of state law.

True

If one spouse is abusive of the other, using foul language, engaging in despicable physical conduct and otherwise being contemptible, the victimized spouse can sue for damages in most states.

True

In most states "professional" goodwill (enhanced earning power based upon special talents, reputation, or uniqueness of services offered) is marital property and its value can be added to the net value of all property and divided upon divorce.

True

In states that accept the "Marvin marriage" rule of law, a verbal commitment to pay money in the future, in consideration of continued companionship is theoretically enforceable.

True

Juvenile court records of offenses committed by a minor can be "sealed" by order of the court after the passage of a specified number of years.

True

Most states do not permit a so-called common-law marriage within their borders, even though all states must recognize (treat as valid) a common-law marriage that was legally created in another state.

True

Parents have a legal obligation to exercise reasonable care, supervision and control over their minor children and may be held civilly liable for failure to do so in many states.

True

The concept of a right of privacy of the female who carries a fetus is a critical factor in the issue of legality of abortion.

True

Wide variations exist in family law from state to state, because legislative viewpoints reflect substantially different cultural and societal values.

True

An agreement between spouses concerning how their marital property will be divided in their forthcoming divorce proceeding is commonly called

a separation agreement.

A few states have adopted what is called a covenant marriage. A feature of this type of marriage is that

couples participate in premarital counseling and a mandatory two-year waiting period.

The most pervasive behavior by pregnant women that may cause harm to a fetus and create liability for the mother for that harm is

drug and alcohol use.

Oliver was the son of Fagin Twist a particularly unpleasant person. He mentally berated Oliver and engaged in corporeal punishment as a standard disciplinary choice. Oliver's mother, Corney, was not much better as she required Oliver to listen to William Hung (a classmate at Berkeley) and Sanjaya Malakar records for hours on end. In some states Oliver, even while a minor, might consider a(n)

emancipation

In most states that recognize the creation of common-law marriages, which of the following is an essential component?

intention of both parties that a common-law marriage exist

The most common ground(s) for divorce or dissolution in most states is (are)

irreconcilable differences or no fault

Prenuptial agreements

may be refused to be enforced by a judge in a divorce or dissolution if the judge believes it to be unfair.