Section 32.2

1. Section 32.2

2. What You’ll Learn • How to identify factors considered in determining alimony payments (p. 702) • How to describe the way marital property is distributed when a couple divorces (p. 702)

3. What You’ll Learn • How to explain the laws regarding custody and support of children (p. 703)

4. Why It’s Important Understanding the laws about alimony, property distribution, custody, and support can help you through a difficult divorce.

5. Legal Terms • alimony (p. 702) • equitable distribution laws (p. 702) • sole custody (p. 703) • joint custody (p. 703)

6. Section Outline Alimony Marital Property Custody and Support of Children Custody of Children Support of Children

7. Pre-Learning Question What is alimony?

8. Alimony In the legal context of divorce, alimony is an allowance for support and maintenance made to a divorced person by a former spouse. It is not intended as a penalty.

9. Alimony There is no fixed rule for determining the amount of alimony. However, certain factors are taken into consideration.

10. Alimony These include your: • Income and earning capacity • Financial resources • Future prospects

11. Alimony • Current obligations • The number of dependents • The number of former or subsequent spouses

12. Alimony Also considered are your spouse’s: • Situation in life • Earning capacity • Separate property

13. Alimony • Contribution to your property • Age • Health • Obligations • Number of dependents

14. Pre-Learning Question How is marital property distributed in a divorce?

15. Marital Property Most states have laws intended to assure equitable distribution of marital property when a couple divorces.

16. Marital Property Equitable distribution laws allow judges to distribute property equitably, or fairly, between a husband and wife, regardless of who has title to the property.

17. Marital Property Judges consider the • Age of each spouse • Individual earning power of each spouse

18. Marital Property • Length of the marriage • Contributions of each spouse to the marriage, including the value of homemaking services

19. Pre-Learning Question How are children provided for in a divorce?

20. Custody and Support of Children Many states have passed laws to protect children in the event of divorce.

21. Custody of Children The parents of children born within a marriage are considered to be joint guardians of their offspring. If they break up, each parent has equal right to custody of the children.

22. 32.2 Custody of Children Legal custody Is the parent’s right to make major decisions about the child’s health, education, and welfare. Physical custody Deals with the living arrangements of the child on a daily basis. Gives all parental rights, duties, and powers to one parent. The children live with the custodial parent, and visitation rights are given to the noncustodial parent. Sole custody Divides the rights duties, and powers between the parents. The children live with each parent at different times. Joint custody

23. Custody of Children Custody arrangements must be approved by the court and can be made by • Agreement between the parties • Mediation • The decision of a judge

24. Custody of Children In awarding custody, the court attempts to determine what is in the best interests of the child.

25. Support of Children Child support is a basic obligation of every parent. This obligation exists regardless of which parent has custody.

26. State Guidelines Federal regulations require that every state adopt child support guidelines. The guidelines must: • Take into consideration all earnings and income of the noncustodial parent.

27. State Guidelines • Have specific criteria and a mathematical formula that determine the support obligation. • Provide for the children’s healthcare needs, through insurance coverage or other means.

28. State Guidelines Federal regulations also recommend that states adhere to the following principles when establishing their guidelines:

29. State Guidelines • Both parents should share responsibility for support of their children in proportion to their income.

30. State Guidelines • The subsistence needs of each parent should be considered, but the child support obligation should never be set at zero.

31. State Guidelines • Child support must cover a child’s basic needs, plus ensure that the child is entitled to share in a parent’s standard of living.

32. State Guidelines • Each child has an equal right to share in his or her parent’s income, subject to the child’s age, the parent’s income, income of a current spouse, and other dependents.

33. State Guidelines • Each child is entitled to support, even if the parents were not married at the time of his or her birth.

34. State Guidelines • A guideline should encourage the involvement of both parents in the child’s upbringing.

35. Enforcement • A legal order for child support is necessary to assure enforcement of child support. • The Uniform Interstate Family Support Act (UIFSA) allows support orders of one state to be enforced in every state.

36. Enforcement • The act also provides for the registration of support orders in different states so that people who do not pay can be found more easily.

37. What is the difference between the custody of children and the support of children?

38. ANSWER Custody means being a guardian, while support means providing money.

39. What is the difference between alimony and child support?

40. ANSWER Alimony provides financial support for the former spouse, while child support provides financial support for the offspring.

41. Section 32.2Assessment Reviewing What You Learned • What factors are taken into consideration when determining the amount of alimony to be awarded?

42. Section 32.2Assessment Reviewing What You Learned Answer The court considers the income and earning capacity of each spouse, financial resources, future prospects, current obligations, the number of dependents, and the number of former spouses demanding alimony.

43. Section 32.2Assessment Reviewing What You Learned Answer Also considered are the other’s spouse’s situation in life, earning capacity, separate property, contribution to the other’s property, age, health, obligations, and number of dependents.

44. Section 32.2Assessment Reviewing What You Learned • Explain the equitable distribution laws.

45. Section 32.2Assessment Reviewing What You Learned Answer These laws allow judges to distribute property fairly between husband and wife, regardless of who has title to the property.

46. Section 32.2Assessment Reviewing What You Learned • Describe the difference between sole and joint custody.

47. Section 32.2Assessment Reviewing What You Learned Answer Sole custody gives all parental rights, duties, and powers to one parent; whereas joint custody divides the rights, duties, and powers between the parents.

48. Section 32.2Assessment Critical Thinking Activity Enforcement What do you think might happen if the Uniform Reciprocal Enforcement Support Act were not enforced in all states?

49. Section 32.2Assessment Critical Thinking Activity Answer Enforcement Answers may vary, but could suggest that states that didn’t enforce the act would be a haven for parents who didn’t want to pay child support.

50. Section 32.2Assessment Legal Skills in Action Asset Distribution Milka and Marvin are divorcing after 25 years of marriage. Together they own a home worth $125,000, furniture worth $56,500, and two cars worth $22,300, and they have approximately $45,630 in cash.