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Question 1
Peter and Jackie were married in an elaborate ceremony six months ago. Recently, Peter disclosed to Jackie that he could not continue in the marriage because he was gay. Jackie immediately sought an annulment, which was granted. During the annulment proceedings, Peter requested alimony because he was a full-time student when they married. He has another year left of his program. Peter needs $1,500 per month to maintain his monthly living expenses and another $1,000 per month for personal expenses. How much spousal support will the court award to Peter?
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Correct Before an ex-spouse can even be eligible for alimony there has to be a valid marriage. If the marriage ended in annulment or was considered void, generally there is no legal basis for awarding alimony unless state statutes provide otherwise. Here, the marriage was annulled due to Peter's deception. As such, he is not entitled to alimony.
Incorrect! Before an ex-spouse can even be eligible for alimony there has to be a valid marriage. If the marriage ended in annulment or was considered void, generally there is no legal basis for awarding alimony unless state statutes provide otherwise. Here, the marriage was annulled due to Peter's deception. As such, he is not entitled to alimony.
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Question 2
Philip and Beatrice were married for two years before they separated. Together they had one child, who is now 18-months-old. Philip had a ten-year-old son from his second marriage. After their split, the court awarded Beatrice $250 per month in temporary alimony. Three years later when the divorce became final, Beatrice received a permanent award of $350 per month for five years. When does Beatrice's temporary alimony award terminate?
Correct Temporary alimony or alimony pendente lite, is often awarded during the period the divorce proceeding is pending. After the divorce decree is final, temporary alimony terminates. Here, it took three years for their divorce to become final. As such, at that three-year point when the permanent alimony started, the temporary alimony stopped.
Incorrect! Temporary alimony or alimony pendente lite, is often awarded during the period the divorce proceeding is pending. After the divorce decree is final, temporary alimony terminates. Here, it took three years for their divorce to become final. As such, at that three-year point when the permanent alimony started, the temporary alimony stopped.
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Question 3
Barbara and Herb enter into a divorce. Barbara, a psychologist by training, has not practiced in five years. She seeks rehabilitative alimony for sufficient time until she is able to resume practicing. To qualify again to see patients, she would need two years of additional education and training. Herb contends that this is unnecessary because she can easily get a minimum wage job now. What would the court hold?
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Correct Alimony awards are generally based upon the needs and abilities of each party, taking into account several factors. In addition, since the goal is for the other spouse to become self-supporting, it has an incentive to award funds that can be used for retraining. Here, Barbara had a career before she married Herb. As such, it would not be unreasonable to award her rehabilitative alimony for the two years she needs to become self-supporting.
Incorrect! Alimony awards are generally based upon the needs and abilities of each party, taking into account several factors. In addition, since the goal is for the other spouse to become self-supporting, it has an incentive to award funds that can be used for retraining. Here, Barbara had a career before she married Herb. As such, it would not be unreasonable to award her rehabilitative alimony for the two years she needs to become self-supporting.
Question 4
Jada and Fred were married for 10 years before they split. During the time of their marriage, Fred managed the finances. Jada had a tendency to overspend (on her and the kids) because she had no experience living on a budget. When the court awards Jada alimony, which type would be best?
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Correct Alimony comes in a variety of forms. Courts choose the method that best meets the needs of the prospective recipient. Here, Jada has a problem with managing money and budgeting. As such, it would be best for her to receive regular periodic payments rather than large infrequent payments. Thus, Jada would probably manage best with monthly checks from Fred.
Incorrect! Alimony comes in a variety of forms. Courts choose the method that best meets the needs of the prospective recipient. Here, Jada has a problem with managing money and budgeting. As such, it would be best for her to receive regular periodic payments rather than large infrequent payments. Thus, Jada would probably manage best with monthly checks from Fred.
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Question 5
Isabel and Eric are in the middle of a messy divorce. Isabel initiated the breakup after 20 years of marriage because she felt that she had outgrown the relationship. During that period of time she had gone back to school to get her PhD in psychology and now has her own thriving practice. Eric still works as a mechanic at the local Ford dealership, although with overtime he makes a good salary. Both parties put in a request for alimony. Who is likely to receive permanent alimony and why?
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Correct In deciding which party in a divorce dispute is entitled to alimony, the court evaluates numerous factors, including each party's earning capacity. Here, both Isabel and Eric are self-supporting; therefore, it is likely that the court will not award permanent alimony to either of them.
Incorrect! In deciding which party in a divorce dispute is entitled to alimony, the court evaluates numerous factors, including each party's earning capacity. Here, both Isabel and Eric are self-supporting; therefore, it is likely that the court will not award permanent alimony to either of them.
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Question 6
An alimony award is determined by the courts by evaluating the facts and circumstances of the case at hand. Which of the following factors are used to determine whether someone is entitled to alimony?
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Correct Alimony awards are generally based upon the needs and abilities of each party. As such a list of factors can be considered by the courts in making the final decision as to which party, if any, is entitled to an alimony award. Accordingly, all of the factors listed could possibility be considered during the decision process.
Incorrect! Alimony awards are generally based upon the needs and abilities of each party. As such a list of factors can be considered by the courts in making the final decision as to which party, if any, is entitled to an alimony award. Accordingly, all of the factors listed could possibility be considered during the decision process.
Question 7
Oscar was ordered to pay $500 per month in alimony to his ex-wife, Sheila, for a period of two years. Six months after he started making the payments, they suddenly stopped. Sheila went back to court to ask the court to force Oscar to make the payments. What possible criminal remedy could the court use to get Oscar to pay?
Correct A criminal proceeding is used to punish the offender who is not making alimony payments. This usually results in the imposition of some type of jail time.
Incorrect! A criminal proceeding is used to punish the offender who is not making alimony payments. This usually results in the imposition of some type of jail time.