Unit 8 Post Judgment Motions and State Intervention Welcome to Unit 8 Post Judgment Motions and State Intervention

Unit 8: TO DO list Discussion boards – Parental kidnapping and Hague Convention Final project Quiz

Final Project Using the scenario given you are to draft a divorce decree, which is the final order of the court that dissolves the marriage and any and all outstanding issues of the marriage; this would include property, debt, children custody, support (alimony and child support), and miscellaneous issues. Additional guidelines/reminders posted in Announcements. Remember, your textbook can be a great resource for your assignment – Exhibit 14-11.

Child Support Modification Substantial change required Statutes may mandate automatic review periods (e.g., 3 years) or minimum amount of change (e.g., 10-15%) before a party can seek modification Arrearages are nonmodifiable Support needs will change if custody changes Changes in the child’s health or educational needs can result in a request for modification

Grounds for Modification What constitutes a substantial change? Deteriorating health of the payor or recipient spouse Increased cost of living Loss of employment Remarriage or cohabitation of recipient spouse Pay raises Windfalls Retirement Employment changes Rehabilitation of recipient spouse Unforeseen economic circumstances

Modification of Custody and Visitation Based upon a substantial change in circumstances: The child is old enough to be allowed to choose Remarriage or cohabitation of either parent Child’s needs substantially changed Parent’s lifestyle adversely affects the child Health issues Abuse or neglect Relocation of custodial parent

June 21, 2004 Hawthorne, California BENJAMIN EVERETT Date of Birth: November 15, 2001 Sex:Male Hair:Brown Eyes:Brown Race:Biracial (Black and Hispanic) Height:4'0" (at the time of his disappearance) Weight:40 pounds (at the time of his disappearance) Benjamin is believed to be in the company of his father, Manuel Benitez (pictured below), who is currently wanted in connection with the beating death of Benjamin's mother on June 21, 2004.

Kidnapping Without permission, the non-custodial parent takes a child Out of the domiciliary state of the custodial parent Out of the state agreed-upon for visitation The Uniform Child Custody Jurisdiction Act (UCCJA) extends the jurisdiction of the court that made the original custody award to the new state

Parental Kidnapping Prevention Act (PKPA) Ends “forum shopping” by disgruntled parents Full faith & credit extended to original order The Uniform Child Custody Jurisdiction & Enforcement Act (JCCJEA) helped resolve inconsistencies between the two previous acts and Simplifies procedures for registering the order Prohibits modification of the original order Permits the use of habeas corpus to force the return of a child to the custodial parent Permits courts to order children into protective custody

Quiz Review To modify alimony, a party brings his or her request by filing a modification motion relative to the court's previous alimony order. True or False? The entry of a final disposition decree always ends the litigation in a family law case. True or False?

Review Continued Courts do not tolerate a disgruntled parent retrying the custody matter through the mask of modification. True or False? In determining the modifiability of alimony, the parties must look at the original alimony award. True or False?

Review Continued Which of the following circumstances may constitute sufficient ground for modification of alimony? retirement   increased cost of living   remarriage   all of the above

Review Continued Some of the highlights of the UCCJEA include the following: prohibiting a new state from modifying an original state’s custody decision; the new state can only enforce the original order a habeas corpus remedy requiring a return of the child by the parent violating a custody or visitation order assistance of state prosecutors or attorney generals in the enforcement of the orders in civil proceedings and in locating the child.   all of the above

Review Continued In divorce matters, a large part of the family law lawyer’s practice involves post-judgment matters. True or False? Property distributions are modifiable. True or False?

Review Continued Which of the following terms of a dissolution decree can be modified? alimony   child support   custody and visitation   all of the above

Review Continued All fifty states have adopted the UCCJA. As an additional response to the parental kidnapping dilemma, the federal government passed the ______________________. PKCA   PKPA   PKBA   PKFA

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