Family Law Test with Correct
Answers
Factors is Considering if a voluntary pay cut is reasonable (child support modification) -
Answer-the financial impact on the child,
whether the change is temporary or permanent,
whether the change is the product of only the parent's personal choices,
the needs of the child, and
the needs of the parents.
Remarriage & Spousal Support - Answer-cohabitation is not enough, but remarriage will
end spousal support.
New Families & Child Support - Answer-When calculating a child-support obligation for
multiple children born out of different relationships, a trial court must not penalize a child
born later and instead must make the awards equitable for all parties involved.
Procedural Safeguards for Child Support Criminal Contempt - Answer-Facts proven
beyond reasonable doubt
Privilege against self incrimination
Right to jury trial
State Agency Enforcement of Child Support - Answer-must provide services
(establishment of support duties, paternity test, location of lost parents)
Can not charge those on welfare, may charge others small fee.
Represent the state, not the residential parent
Must have quasi-judicial/administrative process to enforce support orders
Must wage withhold unless court finds good cause
Procedural Safeguards for Child Support Civil Contempt - Answer-no attorney privilege
under Due Process
notice
form for relevent financial info
opportunity to be heard
express ct finding that they have the ability to pay
Domestic Support Obligations - Answer-(1) be recoverable by, or owed to, a child,
spouse, or former spouse;
, (2) be in the nature of alimony, maintenance, or child support;
(3) arise from a divorce decree, separation agreement, court order, property settlement
agreement, or other type of lawful support determination by a government entity; and
(4) not have been assigned to a government entity for anything other than collection
purposes.
In re Chamberlain - Answer-Domestic-support obligations (DSO) are not dischargeable
in bankruptcy.
To terminate child custody, what must the state prove? - Answer-Termination of
parental rights, an extreme measure, takes away a fundamental constitutional right.
Must determine: (1) parental unfitness and (2) the best interest of the child.
Parens Patriae - Answer-states interest and superior legal right to protect child welfare
and prevent harm
Best Interest Considerations - Answer-mental/physical health of all persons
Parent more likely to honor parenting time rights of other parent
Has either parent failed to pay child support
Child abuse, neglect, DV
Residence outside the state
Wishes of child's parents
Wishes of child
Child's interaction with siblings, etc
Child's adjustment to community, home, school
Recommendation of the guardian ad litem of the child
When can support orders be modified? - Answer-when a change in financial
circumstances was forseeable and involuntary
Sharpe v. Sharpe - Answer-A supporting parent's voluntary career change that results in
lower income must be reasonable to be the basis for a reduction of child support
payments.
Presumption for Joint Custody - Answer-Statutes and 18 states create a presumption
that joint custody is in the best interests of the child. Rebuttable through showing that it
is not in the child's best interest. (example: inability of parents to cooperate)
When is Shared Custody not appropiate? - Answer-DV
parental alienation
Primary Caretaker Consideration - Answer-no presumption in favor of the child
remaining with the primary caregiver.
is a factor
traditionally, it was presumptive
Answers
Factors is Considering if a voluntary pay cut is reasonable (child support modification) -
Answer-the financial impact on the child,
whether the change is temporary or permanent,
whether the change is the product of only the parent's personal choices,
the needs of the child, and
the needs of the parents.
Remarriage & Spousal Support - Answer-cohabitation is not enough, but remarriage will
end spousal support.
New Families & Child Support - Answer-When calculating a child-support obligation for
multiple children born out of different relationships, a trial court must not penalize a child
born later and instead must make the awards equitable for all parties involved.
Procedural Safeguards for Child Support Criminal Contempt - Answer-Facts proven
beyond reasonable doubt
Privilege against self incrimination
Right to jury trial
State Agency Enforcement of Child Support - Answer-must provide services
(establishment of support duties, paternity test, location of lost parents)
Can not charge those on welfare, may charge others small fee.
Represent the state, not the residential parent
Must have quasi-judicial/administrative process to enforce support orders
Must wage withhold unless court finds good cause
Procedural Safeguards for Child Support Civil Contempt - Answer-no attorney privilege
under Due Process
notice
form for relevent financial info
opportunity to be heard
express ct finding that they have the ability to pay
Domestic Support Obligations - Answer-(1) be recoverable by, or owed to, a child,
spouse, or former spouse;
, (2) be in the nature of alimony, maintenance, or child support;
(3) arise from a divorce decree, separation agreement, court order, property settlement
agreement, or other type of lawful support determination by a government entity; and
(4) not have been assigned to a government entity for anything other than collection
purposes.
In re Chamberlain - Answer-Domestic-support obligations (DSO) are not dischargeable
in bankruptcy.
To terminate child custody, what must the state prove? - Answer-Termination of
parental rights, an extreme measure, takes away a fundamental constitutional right.
Must determine: (1) parental unfitness and (2) the best interest of the child.
Parens Patriae - Answer-states interest and superior legal right to protect child welfare
and prevent harm
Best Interest Considerations - Answer-mental/physical health of all persons
Parent more likely to honor parenting time rights of other parent
Has either parent failed to pay child support
Child abuse, neglect, DV
Residence outside the state
Wishes of child's parents
Wishes of child
Child's interaction with siblings, etc
Child's adjustment to community, home, school
Recommendation of the guardian ad litem of the child
When can support orders be modified? - Answer-when a change in financial
circumstances was forseeable and involuntary
Sharpe v. Sharpe - Answer-A supporting parent's voluntary career change that results in
lower income must be reasonable to be the basis for a reduction of child support
payments.
Presumption for Joint Custody - Answer-Statutes and 18 states create a presumption
that joint custody is in the best interests of the child. Rebuttable through showing that it
is not in the child's best interest. (example: inability of parents to cooperate)
When is Shared Custody not appropiate? - Answer-DV
parental alienation
Primary Caretaker Consideration - Answer-no presumption in favor of the child
remaining with the primary caregiver.
is a factor
traditionally, it was presumptive
