Family Law & Domestic Relations Flashcards

In Michael H. v. Gerald D., the Supreme Court upheld a California statute that:

Answer: Conclusively presumed a husband is the father of a child born to his cohabiting wife

The plurality held a biological father had no protected liberty interest overriding the marital presumption in favor of the husband.

Which marriage is generally VOID rather than voidable?

Answer: A bigamous marriage

Bigamous marriages are void ab initio, while fraud, nonage, and impotence typically render a marriage merely voidable.

Under the putative spouse doctrine, a party to an invalid marriage may obtain property rights similar to a spouse if that party:

Answer: Held a good-faith belief that the marriage was valid

The putative spouse doctrine protects a party who in good faith believed the marriage was valid, granting rights akin to a lawful spouse.

In Zablocki v. Redhail, the Supreme Court struck down a statute that:

Answer: Barred people with unpaid child support obligations from marrying without court permission

Zablocki held the right to marry is fundamental and the Wisconsin statute was not closely tailored to its child-support interests.

Under the Bankruptcy Code as amended by BAPCPA, a property settlement obligation owed to a former spouse is:

Answer: Nondischargeable in Chapter 7 under § 523(a)(15)

Since 2005, § 523(a)(15) excepts non-support divorce-related debts from Chapter 7 discharge, and § 523(a)(5) excepts domestic support obligations.

For a divorce instrument executed after December 31, 2018, federal tax treatment of alimony is:

Answer: Not deductible by the payor and not taxable income to the recipient

The Tax Cuts and Jobs Act eliminated the alimony deduction and inclusion for instruments executed after 2018.

In Orr v. Orr, the Supreme Court held unconstitutional a state statute that:

Answer: Imposed alimony obligations only on husbands

Orr held that gender-based alimony statutes violate the Equal Protection Clause because gender-neutral need-based hearings are available.