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ARE 306 Unit 17
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  1. ARE 306 Unit 17 Family Law: Marriage, Children & Divorce

  2. Contracting Marriage • Competence • Age • Sound mind • Prohibited marriages • Degree of relationship • Coercion • Either party physically impotent

  3. Incidents of marriage • Support • Consortium • Dower/Curtesy (statutory equivalents) • Statutory share • Liability for debts & torts • Ownership of property (married women’s property acts)

  4. Marital Contracts • Prenuptial agreements • Content • Property • Child support • Statutory level of spousal support • Enforceability • Full mutual financial disclosure • Separate representation • Implementation of provisions • Business stability

  5. Marital Contracts • Contracts during coverture • Separation agreements • reconciliation agreements

  6. Children • Legitimacy • Adoption • Support • Responsibility of parents for debts, torts & crimes • Abuse/neglect • Custody

  7. Child support example • $60,000 gross family income • $30,000 each • One child 1 1/2 years old • $600 per month day care (paid by custodial parent) • $100 per month health insurance (paid by non custodial parent)

  8. Child support example • $697 basic child support • .75 of 600=$450 • $100 health insurance • $1247 total obligation x .5=$623.50 • Non Custodial Parent’s obligation • $623.50 - $100=$523.50

  9. Non Custodial Parent’s net income after taxes & child support • Gross = $2500 per month • Total federal & state payroll taxes = 598.92 • Child support + health insurance = $623.50 • Monthly net = $1,277.58 • Average rent for an apartment in Raleigh = $800

  10. Divorce and Related Issues • Grounds • Property Division (equitable distribution) • Alimony/maintenance • Children: custody & support • Strategic considerations

  11. Torts against the marriage • Criminal conversation • Strict liability • Alienation of affection • Negligence