Also known as: supports · supported · supporting · maintenance
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A monetary payment or provision of necessities made by one family member to another to maintain an acceptable standard of living.
A factual or evidentiary basis required for a legal contention, testimony, claim, or official act.
Each sense below has its own examples, sources, and questions.
A monetary payment or provision of necessities made by one family member to another to maintain an acceptable standard of living.
Solomon Silver agreed to represent Serena Soto in her divorce on a contingency basis tied to the amount of alimony awarded. The fee agreement made payment dependent on securing support. Opposing counsel challenged the arrangement as violating professional conduct rules. The court refused to enforce the contingent fee because it was tied to support in a domestic relations matter.
A factual or evidentiary basis required for a legal contention, testimony, claim, or official act.
Sabrina Shah conveyed her home to Sterling Dynamics after defaulting on the loan. The company accepted the deed and canceled the remaining balance. The discharge of the debt supplied the required support for the transfer. The court upheld the deed because the exchange was voluntary and supported by consideration.
Officers sought a warrant to search Selena Singh's storage unit. An agent submitted an affidavit detailing observations of illegal activity. The judge issued the warrant after finding the oath supported probable cause. The particular description of the place and items satisfied constitutional requirements.
No. Model Rule 1.5(d)(1) prohibits any fee in a domestic relations matter that is contingent on securing a divorce or the amount of alimony or support.
Samuel Soto filed a complaint alleging fraud against Spectrum Financial. The allegations rested only on speculation without documents or witness statements. Opposing counsel moved for sanctions under Rule 11. The court found the factual contentions lacked evidentiary support and imposed penalties.
Sarah Sullivan attempted to testify about events at a corporate meeting she did not attend. Defense counsel objected that she lacked personal knowledge of the facts. The proponent offered no other evidence to support a finding of personal knowledge. The court excluded the testimony under the rule.
Shareholders of Sapphire Holdings brought a derivative suit against the directors. An independent committee conducted an inquiry and concluded the suit was not in the corporation's best interests. The corporation moved to dismiss on that basis. The court granted the motion because the determination supported dismissal under the statute.
The transfer must be voluntary and supported by consideration in the form of debt discharge. Courts examine the transaction for duress or unfairness before upholding it.
A witness may testify only if evidence supports a finding of personal knowledge. The witness's own testimony can supply that support unless the matter involves expert opinion under Rule 703.
…delivered to them respectively their several commissions as justices of the peace in the District of Columbia. This motion was supported by affidavits that notice had been given to Mr. Madison; that Mr. Adams, the late President, nominated the applicants to the Senate; that the Senate advised and consented to the…