Welcome to Unit 8 Post Judgment Motions and State Intervention.

Welcome to Welcome to

Unit 8 Unit 8

Post Judgment Post Judgment Motions and State Motions and State

InterventionIntervention

UNIT 8: TO DO LISTUNIT 8: TO DO LIST

1.1. Discussion boards – Parental kidnapping and Hague ConventionDiscussion boards – Parental kidnapping and Hague Convention

2.2. Final projectFinal project

3.3. QuizQuiz

Final ProjectFinal Project Using the scenario given you are to Using the scenario given you are to draft a draft a

divorce decreedivorce decree, which is the final order of , which is the final order of the court that dissolves the marriage and the court that dissolves the marriage and any and all outstanding issues of the any and all outstanding issues of the marriage; this would include property, debt, marriage; this would include property, debt, children custody, support (alimony and child children custody, support (alimony and child support), and miscellaneous issues.support), and miscellaneous issues.

Additional guidelines/reminders posted Additional guidelines/reminders posted in Announcements.in Announcements.

Remember, your textbook can be a great Remember, your textbook can be a great resource for your assignment – Exhibit 14-resource for your assignment – Exhibit 14-11. 11.

Child Support ModificationChild Support Modification

Substantial change required Substantial change required Statutes may mandate automatic review Statutes may mandate automatic review

periods (e.g., 3 years) or minimum amount periods (e.g., 3 years) or minimum amount of change (e.g., 10-15%) before a party can of change (e.g., 10-15%) before a party can seek modificationseek modification

Arrearages are nonmodifiable Arrearages are nonmodifiable Support needs will change if custody Support needs will change if custody

changeschanges Changes in the child’s health or educational Changes in the child’s health or educational

needs can result in a request for modification needs can result in a request for modification

Grounds for ModificationGrounds for Modification What constitutes a substantial change?What constitutes a substantial change?

Deteriorating health of the payor or recipient spouseDeteriorating health of the payor or recipient spouse Increased cost of livingIncreased cost of living Loss of employmentLoss of employment Remarriage or cohabitation of recipient spouseRemarriage or cohabitation of recipient spouse Pay raisesPay raises WindfallsWindfalls RetirementRetirement Employment changesEmployment changes Rehabilitation of recipient spouseRehabilitation of recipient spouse Unforeseen economic circumstancesUnforeseen economic circumstances

Modification of Custody and Modification of Custody and VisitationVisitation

Based upon a substantial change in Based upon a substantial change in circumstances:circumstances: The child is old enough to be allowed to chooseThe child is old enough to be allowed to choose Remarriage or cohabitation of either parentRemarriage or cohabitation of either parent Child’s needs substantially changedChild’s needs substantially changed Parent’s lifestyle adversely affects the childParent’s lifestyle adversely affects the child Health issuesHealth issues Abuse or neglectAbuse or neglect Relocation of custodial parentRelocation of custodial parent

June 21, 2004Hawthorne, California

BENJAMIN EVERETTDate 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.

KidnappingKidnapping

Without permission, the non-custodial Without permission, the non-custodial parent takes a child parent takes a child Out of the domiciliary state of the Out of the domiciliary state of the

custodial parentcustodial parent Out of the state agreed-upon for visitationOut of the state agreed-upon for visitation

The Uniform Child Custody Jurisdiction The Uniform Child Custody Jurisdiction Act (UCCJA) extends the jurisdiction of Act (UCCJA) extends the jurisdiction of the court that made the original the court that made the original custody award to the new statecustody award to the new state

Parental Kidnapping Prevention Act (PKPA)Parental Kidnapping Prevention Act (PKPA) Ends “forum shopping” by disgruntled parentsEnds “forum shopping” by disgruntled parents Full faith & credit extended to original orderFull faith & credit extended to original order The Uniform Child Custody Jurisdiction & The Uniform Child Custody Jurisdiction &

Enforcement Act (JCCJEA) helped resolve Enforcement Act (JCCJEA) helped resolve inconsistencies between the two previous acts inconsistencies between the two previous acts and and Simplifies procedures for registering the orderSimplifies procedures for registering the order Prohibits modification of the original orderProhibits modification of the original order Permits the use of Permits the use of habeas corpushabeas corpus to force the return to force the return

of a child to the custodial parentof a child to the custodial parent Permits courts to order children into protective Permits courts to order children into protective

custodycustody

Quiz ReviewQuiz Review

To modify alimony, To modify alimony, a party brings his a party brings his or her request by or her request by filing a filing a modification modification motion relative to motion relative to the court's the court's previous alimony previous alimony order.order.

True or False?True or False?

The entry of a final The entry of a final disposition decree disposition decree always ends the always ends the litigation in a litigation in a family law case.family law case.


Review ContinuedReview Continued

Courts do not Courts do not tolerate a tolerate a disgruntled parent disgruntled parent retrying the retrying the custody matter custody matter through the mask through the mask of modification.of modification.


In determining the In determining the modifiability of modifiability of alimony, the alimony, the parties must look parties must look at the original at the original alimony award.alimony award.


Review ContinuedReview ContinuedWhich of the following circumstances may Which of the following circumstances may

constitute constitute

sufficient ground for modification of alimony?sufficient ground for modification of alimony?

retirement retirement increased cost of living increased cost of living remarriage remarriage all of the above all of the above

Review ContinuedReview Continued Some of the highlights of the UCCJEA include Some of the highlights of the UCCJEA include

the following:the following:

prohibiting a new state from modifying an prohibiting a new state from modifying an original state’s custody decision; the new state original state’s custody decision; the new state can only enforce the original order can only enforce the original order

a habeas corpus remedy requiring a return of a habeas corpus remedy requiring a return of the child by the parent violating a custody or the child by the parent violating a custody or visitation ordervisitation order

assistance of state prosecutors or attorney assistance of state prosecutors or attorney generals in the enforcement of the orders in generals in the enforcement of the orders in civil proceedings and in locating the child. civil proceedings and in locating the child.

all of the above all of the above


In divorce matters, In divorce matters, a large part of the a large part of the family law lawyer’s family law lawyer’s practice involves practice involves post-judgment post-judgment matters.matters.


Property Property distributions are distributions are modifiable.modifiable.



Which of the following terms of a Which of the following terms of a dissolution decree can be modified?dissolution decree can be modified?

alimony alimony child support child support custody and visitation custody and visitation all of the above all of the above


All fifty states have adopted the UCCJA. As All fifty states have adopted the UCCJA. As an additional response to the parental an additional response to the parental kidnapping dilemma, the federal kidnapping dilemma, the federal government passed the government passed the ______________________.______________________.

PKCA PKCA PKPA PKPA PKBA PKBA PKFA PKFA

Do you have any questionsDo you have any questions

Welcome to Unit 8 Post Judgment Motions and State Intervention.

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