Ubpl32 2

Section 32.
2
Divorce Settlement
Section 32.2 Divorce Settlement

What Youll 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)
Understanding Business and Personal Law
Divorce and Its Legal Consequences

What Youll Learn
How to explain the laws regarding custody
and support of children (p. 703)

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

Legal Terms
alimony (p. 702)
equitable distribution laws (p. 702)
sole custody (p. 703)
joint custody (p. 703)
Section Outline
Alimony
Marital Property
Custody and Support of Children
Custody of Children
Support of Children
Pre-Learning Question
What is alimony?
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.
Alimony
There is no fixed rule for determining
the amount of alimony.
However, certain factors are taken into
consideration.
Alimony
These include your:
income and earning capacity
financial resources
future prospects
Alimony
current obligations
the number of dependents
the number of former or subsequent
spouses
Alimony
Also considered are your spouses:
situation in life
earning capacity
separate property
Alimony
contribution to your property
age
health
obligations
number of dependents
How is marital property distributed in a
divorce?
Marital Property
Most states have laws intended to
assure equitable distribution of marital
property when a couple divorces.
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.
Marital Property
Judges consider the
age of each spouse
individual earning power of each
spouse
Marital Property
length of the marriage
contributions of each spouse to the
marriage, including the value of
homemaking services
How are children provided for in a
divorce?
Custody and Support of Children

Many states have passed laws to
protect children in the event of
divorce.
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.
32.2 32.2
Section
Divorce Settlement
Custody of Children
Legal
custody
Physical
Is the parents right to make major decisions about the childs

health, education, and welfare.
Deals with the living arrangements of the child on a daily basis.
custody
Sole
Gives all parental rights, duties, and powers to one parent.
custody
The children live with the custodial parent, and visitation rights
are given to the noncustodial parent.
Joint custody
Divides the rights duties, and powers between the parents.

The children live with each parent at different times.
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
Custody of Children
In awarding custody, the court
attempts to determine what is in the
best interests of the child.
Support of Children
Child support is a basic obligation of
every parent.
This obligation exists regardless of
which parent has custody.
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.
State Guidelines
Have specific criteria and a
mathematical formula that
determine the support obligation.
Provide for the childrens healthcare
needs, through insurance coverage
or other means.
State Guidelines
Federal regulations also recommend
that states adhere to the following
principles when establishing their
guidelines:
State Guidelines
Both parents should share
responsibility for support of their
children in proportion to their
income.
State Guidelines
The subsistence needs of each
parent should be considered, but
the child support obligation should
never be set at zero.
State Guidelines
Child support must cover a childs
basic needs, plus ensure that the
child is entitled to share in a
parents standard of living.
State Guidelines
Each child has an equal right to
share in his or her parents income,
subject to the childs age, the
parents income, income of a
current spouse, and other
dependents.
State Guidelines
Each child is entitled to support,
even if the parents were not married
at the time of his or her birth.
State Guidelines
A guideline should encourage the
involvement of both parents in the
childs upbringing.
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.
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.
What is the difference between the

custody of children and the support of
children?
ANSWER
Custody means being a guardian,
while support means providing money.
What is the difference between

alimony and child support?
ANSWER
Alimony provides financial support for
the former spouse, while child support
provides financial support for the
offspring.

Section 32.2 Assessment
Reviewing What You Learned

1. What factors are taken into
consideration when determining the
amount of alimony to be awarded?


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.


Answer
Also considered are the others spouses
situation in life, earning capacity, separate
property, contribution to the others
property, age, health, obligations, and
number of dependents.


2. Explain the equitable distribution
laws.


Answer
These laws allow judges to distribute
property fairly between husband and wife,
regardless of who has title to the property.


3. Describe the difference between
sole and joint custody.


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.

Critical Thinking Activity

Enforcement
What do you think might happen if the
Uniform Reciprocal Enforcement Support
Act were not enforced in all states?

Critical Thinking Activity Answer

Enforcement
Answers may vary but could suggest that
states that didnt enforce the act would be
a haven for parents who didnt want to pay
child support.

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.

Legal Skills in Action
Asset Distribution
Based on the contributions of each spouse
to the marriage, the judge has ruled that
Milka will receive 66.6 percent of their total
assets. What is the dollar value of Milkas
distribution?

Legal Skills in Action Answer
Asset Distribution
$125,000 + 56,500 + 22,300 + 45,630 =
$249,430; $249,430 x .666 = $166,120.
End of Section 32.2

Divorce Settlement

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Section 32.

Section 32.2 Divorce Settlement

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Custody and Support of Children

Understanding Business and Personal Law

Divorce and Its Legal Consequences

Section 32.2 Divorce Settlement

Divorce and Its Legal Consequences

Is the parents right to make major decisions about the childs

Gives all parental rights, duties, and powers to one parent.

Divides the rights duties, and powers between the parents.