Responsibilities of husband and wife
The legal relationship of marriage creates certain obligations for both parties. Theoretically, the husband is the head of the household. It is his duty to support and provide for his wife and family. In return, according to common-law theory, the wife is supposed to render service to her husband.
The husband is obliged to support his wife although she may have property and earnings of her own. However, this duty exists only while they live together as man and wife. If they separate due to the wife’s actions, the husband is not required to continue support. But, if the husband is responsible of if both desire a separation, the husband is obliged to provide for the wife.
Among his responsibilities is the husband’s duty to provide his wife and family with the necessities of life. This legal rule has evolved into the «doctrine of necessaries.»
Thus, without her husband’s knowledge or consent, a wife can purchase necessary food and clothing for herself and her children and charge their cost to her husband. Although he may not have authorized the purchases, the husband must pay the bills.
In addition to the common necessities of food, clothing, and shelter, many courts require the husband to maintain his family in accordance with his economic position. In this case, the law also imposes an obligation upon the husband to provide medical and dental care, household furniture and supplies, and certain legal services.
The husband is not automatically required to pay for luxury items. In order to impose liability on him for no necessaries such as fur coats, television sets, of stereos, the wife must prove that her husband gave her «apparent» authorization. For example, Mr. Smith informs a merchant he will pay for his wife’s purchases. Thus the merchant extends credit to her. After an argument, Smith tells his wife that she can no longer purchase anything on credit but neglects to notify the merchant of this change of authority. Therefore, when Mrs. Smith comes in to charge some items, the merchant is perfectly reasonable in granting her credit. To his knowledge, she still has authority to buy on credit. This is true even though Smith has revoked her actual authority.
Actual authority is clearer and more common. For example, Smith signs a charge account statement in which he agrees to pay for any items charged to that account. If Mrs. Smith has use of the charge account, her husband will be fully liable for her purchases.
Traditionally, the wife is expected to perform household and other tasks for her husband. These services are to be rendered «free.» For example, a husband can sue to recover damages for the «loss of his wife’s services» if she is injured by the negligent action of another.
|
|
|
Rights of husband and wife
Under common law, husband and wife were considered one person. Under this theory, the wife had no property rights. Today, all state legislatures have modified, if not eliminated, this legal unity of husband and wife. The wife now has rights to property, the right to make contracts, and the right to sue.
Since the husband is considered the head of the household, he has the legal right to choose the place of residence for his family. The wife is obligated to follow him to the new address. Moreover, in the absence of a special direction to the contrary, the husband owns the household goods. Wedding gifts belong to both husband and wife. However, if a specific present is particularly suited to use by one of the parties, that person may claim it.
When a husband and wife purchase real estate, they are commonly known as «tenants by the entirety». According to this common-law rule they both own the whole property. Neither can transfer his half to another party. Thus, if one of the owners wishes to sell his interest in the property he (or she) must obtain the consent of his (or her) spouse.
Property owned in this manner is hot good security for a creditor with a claim against one of the tenants since upon the death of one spouse the entire property passes to the surviving owner. If the creditor wins his claim in court, and files the judgment as a lien against the debtor’s interest in the property, the lien attaches/to the survivorship interest of the partner who is his debtor. For example, if the creditor’s claim is against the wife, his judgment attaches to her interest in the property, but he can levy against the property only if the wife survives her husband. If she dies first, his security is worthless.
Marriage settlements relate solely to property. These agreements can be made either before or after the marriage takes place. In general, a settlement is made by persons with property rights that would be affected by marriage. However, it cannot affect the obligations of matrimony. For instance, a husband cannot use a settlement to limit his wife’s annual allowance for clothing and incidentals. On the other hand, he can provide by settlement that his wife will receive a stated share of his wealth or interest in his property.
|
|
|
In general, any property acquired by the wife during marriage is her own. For instance, if she wins a lawsuit for a certain amount of money that sum is hers to keep or use as she likes. Several states, however, have adopted the community property system. Under these laws, all property obtained through the efforts of either person or through the work of both belongs to both husband and wife. Separate property can be acquired during marriage only by gift or in heritance. Property owned by one spouse before marriage remains the property of that individual. Also, income derived from separate property during marriage is also separate property.
Among other rights, the wife is entitled to sue a third party for damages if she has suffered an injury to her person, property, or reputation through an act of that person. In some cases, the husband also may sue for damages because of the loss of his wife’s services.
In most states, the wife retains the right to conduct business activities on her own. In a few states, however, she must petition the court in order to obtain this right without restriction.
Support of children
Generally speaking, parents are obligated by law to support and protect their children. In addition, they are required to see that their offspring are educated in accordance with state laws. If parents are totally lacking in funds, the obligation to educate will end when the child completes the minimum state educational requirements. However, if the family is financially secure, a particular state may require a parent to send his children to college and to pay all the necessary expenses. An individual/attorney in the reader’s state will be able to inform him of the legal requirements of that state, as well as the extent to which the courts have enforced these laws.
|
|
|
According to traditional common law in the United States, the father is primarily responsible for the support of his children. If he is unable or refuses to support them, the mother is secondarily responsible for their support. Normally, the duty to support a child continues until the child reaches majority. In most states this is the age of twenty-one. Consequently, in most states, a child is legally permitted to seek a court order requiring his father to make specific support payments according to an established timetable.
At first glance, this principle may appear to condone parent-support payments to children who lead undisciplined lives away from home. This may not. be the ease, however. Some state courts will not require parents to support children who live away from the family residence it is shown that the father is willing and able to support his offspring in his own home. Thus, suppose Jimmy Smith, age seventeen, wishes to lead a “free” existence away from home. He asks that the court order his father to send himperiodic payments for his support. If it is demonstrated that Jimmy’s father is able and willing to support his son at home, the court may fiot require Smith to make any support payments that would underwrite Jimmy’s existence in another environment.
Problems involving divorce proceedings account for most of the legal cases relating to child support. In many divorce proceedings, a portion of the divorce decree includes a child-support order requiring the father to provide for his child.
The first element in formulating child-support orders is the determination of the amount to be awarded. Generally, the judge bases this decision on evidence revealing the respective parents’ financial resources. The goal of the court is to provide the child with sufficient money so that he may be raised in an atmosphere which reflects his parents’ standard of living before the divorce. Thus, the general rule is the wealthier the father, the larger the child-support payments.
Child-support payments do not last indefinitely. Usually the court order states that the payments will continue until the child reaches his majority. However, under certain circumstances, the court will require a father to support his adult offspring. Thus, if a child is physically disabled, mentally retarded, or otherwise unable to care for himself, local law may require the parent to continue support payments throughout the life of the child. The court’s paramount concern at all times is the welfare of the child.
|
|
|
Child-support payments are always subject to modification. A court will terminate support payments before the child reaches twenty-one (majority) if the child has become «emancipated» or self-supporting. Examples of emancipation include marriage; military service; and full-time, self-supporting jobs. A child’s emancipation terminates the father’s duties in all situations, not merely those involving divorce.
For many of America’s youth, a college education is a «necessity» for adult financial success and personal achievement. Consequently, when a court issues child-support orders it often must consider whether the father should be required to pay for his children’s college expenses. The traditional view, which is still prevalent in a majority of states, requires the father to furnish financial support for only the minimum amount of compulsory education.
However, some states are taking a different approach. These courts officially recognize the need to adequately prepare the child to meet the complexities of modern society. Under this view, if the father is financially able and the child shows a certain aptitude, the court will order the father to pay for the child’s college education. This new approach is gaining increased acceptance. Furthermore, some courts require support payments beyond the date of the child’s majority, thereby allowing him to finish his education.
Termination of marriage
Because the marriage contract is protected by the state and because the state laws governing this relationship
are diverse, marriage is often difficult to terminate. The only way it can be dissolved before the death of one of the parties is by a judicial act. Basically, there are three legal methods by which the contract may be dissolved or suspended:
• Divorce is the basic judicial act which dissolves a marriage. An absolute divorce completely breaks the bonds of matrimony. A limited divorce, also known as a judicial or legal separation, suspends the marriage relation. The husband must provide for the separate maintenance of his wife.
• Voluntary separation occurs when husband and wife agree to live apart. It often results in a separation agreement. This document includes provisions for the support of the wife and for the custody and support of any children.
• Annulment is the result of a court decree. It declares the marriage invalid from its inception. An annulment differs from a divorce in that it usually must be based on a reason or cause that existed at the time of marriage.
The court has the power to award custody and control of children temporarily pending the outcome of a divorce action and at the conclusion of divorce, separation, and annulment proceedings. The court’s decision is’ based on the welfare of the child. The desires of the parents and of the children must yield to the judgment of the court.
Under common law, the father usually was granted custody of the children. Modern court policy, however, is to give the mother custody of the children unless she is unfit or incapable of caring for them. However, many courts follow a rule of awarding custody to the innocent party in a divorce action.
The husband is required to give his wife alimony or separate maintenance payments after the issuance of the following documents:
1) A court decree of divorce or separate maintenance
or a written instrument incidental to such a decree;
2) A written separation agreement; or
3) A court decree for support.
The court awards the wife temporary alimony while the case is pending. After the conclusion of the case, the court requires the husband to pay a permanent allowance for his wife’s support and maintenance. In general, a court order providing for alimony specifies that payments will cease if the wife remarries.
Some states limit alimony to a certain percentage of the husband’s income. In other states, the policy is to award the wife a specific amount that can be paid in one lump sum or in installments. States operating under the community property system can divide the property of the married couple and attach the property of the husband to insure payment of alimony, in general, courts consider all the circumstances of both husband and wife before determining the amount of alimony. Basically, these include the age and health of both parties, their earning capacities, the personal wealth of both parties, and their conduct in relation to the divorce action.
In most states, the court will hold the husband in contempt of court if he fails to pay the alimony. The husband may be imprisoned for civil contempt until he agrees to pay.
The breach of a separation agreement by the husband is the same as a breach of contract. Thus, the legal steps used to force the fulfillment of a contract are applicable to this situation also.
Дата добавления: 2018-04-15; просмотров: 789; Мы поможем в написании вашей работы! |
Мы поможем в написании ваших работ!