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

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

3. 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

4. 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

5. 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

6. 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

7. 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.

8. 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

9. 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

10. 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?

11. 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?

12. 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

13. 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

14. 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?

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

16. 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

17. Do you have any questions