Family Law

Question 1

What are “heart balm” actions?

Answer 1

Cause of action for breach of contract to mary

Question 2

In most states, are causes of action for heart balm actions allowed or not?

Answer 2

Not allowed

Question 3

What kinds of actions related to marriage are barred?

Answer 3

1. Breach of promise to marry
2. Seduction of an unmarried female
3. Alienation of affections
4. Criminal conversation

Question 4

What kinds of actions related to marriage are barred?

Answer 4

1. Breach of promise to marry
2. Seduction of an unmarried female
3. Alienation of affections
4. Criminal conversation

Question 5

What are the requirements of the (now-abolished) action for alienation of affections?

Answer 5

1. Misconduct by D
2. Loss of spousal affection/consortium AND
3. Causal link between the misconduct and the loss

Question 6

Who could bring the (now-abolished) action for seduction of an unmarried female?

Answer 6

Father

Question 7

What are the requirements of the (now-abolished) action for alienation of affections?

Answer 7

1. Misconduct by D
   2 Loss of spousal affection/consortium AND
2. Causal link between the misconduct and the loss

Question 8

The (now-abolished) action for seduction of an unmarried female could be brought against ______.

Answer 8

Any man who had unlawful sexual relations with a man’ daughter via persuasion, promises, or bribes but without physical force

Question 8

What are the requirements of the (now-abolished) action for alienation of affections?

Answer 8

1. Misconduct by D
   2 Loss of spousal affection/consortium AND
2. Causal link between the misconduct and the loss

Question 9

Who could bring the (now-abolished) action for seduction of an unmarried female?

Answer 9

Father

Question 9

What is the (now-abolished) action for criminal conversation?

Answer 9

Adultery claim against 3rd party for committing adultery with one’s spouse

Question 10

The (now-abolished) action for seduction of an unmarried female could be brought against ______.

Answer 10

Any man who had unlawful sexual relations with a man’ daughter via persuasion, promises, or bribes but without physical force

Question 11

What is the (now-abolished) action for criminal conversation?

Answer 11

Adultery claim against 3rd party for committing adultery with one’s spouse

Question 12

Actions may be brought to recover gifts if the sole consideration for the transfer was _________.

Answer 12

A contemplated marriage which has not occurred

Question 13

Action may be brought for gifts given in contemplation of marriage. In this context, consideration means ________.

Answer 13

“motive” or “reason” as opposed to legal consideration

Question 14

Premarital contracts are also known as _________.

Answer 14

Prenuptial agreements

Question 15

What is a premarital contract?

Answer 15

An agreement between prospective spouses:
1. Made in contemplation of marriage AND
2. To be effective upon marriage

Question 16

In all states, the enforceability of such prenuptial agreements turns on three factors:

Answer 16

1. Voluntariness
2. Fairness AND
3. Disclosure

Question 17

What are the formality requirements of a premarital agreement?

Answer 17

1. In writing AND
2. Signed by both parties

Question 18

A premarital agreement is enforceable without consideration because ________.

Answer 18

the marriage itself is considered sufficient consideration

Question 19

A premarital agreement because effective upon _____________.

Answer 19

Marriage

Question 20

Parties to a premarital agreement are permitted to contract with respect to:

Answer 20

1. Right to manage and control property
2. Disposition of property
3. Spousal support
4. Will, trust, or other arrangements to carry out the provisions of the agreement
5. Death benefits from a life insurance policy
6. Choice of law governing the construction of the agreement
7. Any other matter not in violation of public policy or statute imposing criminal penalty

Question 21

If there is no choice of law provision, what law governs a contract?

Answer 21

1. State where contract was executed OR
2. State with the most significant relationship to the parties

Question 22

What premarital agreements are prohibited?

Answer 22

1. Adversely affect right of child to support
2. Agreement respecting child support/custody (voidable based on child’s best interest)
3. Waiver of alimony not permitted if agreement causes spouse to become public charge

Question 23

In all states, the enforceability of premarital agreements turns on:

Answer 23

1. Voluntariness
2. Unconscionability AND
3. Disclosure

Question 24

What are the requirements of the (now-abolished) action for alienation of affections?

Answer 24

1. Misconduct by D
   2 Loss of spousal affection/consortium AND
2. Causal link between the misconduct and the loss

Question 24

Who could bring the (now-abolished) action for seduction of an unmarried female?

Answer 24

Father

Question 24

The (now-abolished) action for seduction of an unmarried female could be brought against ______.

Answer 24

Any man who had unlawful sexual relations with a man’ daughter via persuasion, promises, or bribes but without physical force

Question 25

What is the (now-abolished) action for criminal conversation?

Answer 25

Adultery claim against 3rd party for committing adultery with one’s spouse

Question 26

One party’s insistence on signing _________ does not, in itself, render an agreement involuntary

Answer 26

Premarital agreement

Question 27

What is the doctrine of unfair surprise?

Answer 27

Premarital agreement presented very close to wedding date.

Depending on the facts, this may make agreement involuntary

Question 28

A premarital agreement is unconscionable when executed if:

Answer 28

1. No fair and reasonable disclosure of property/financial obligations of other party
2. Didn’t voluntarily and expressly waive (in writing) any right to disclosure AND
3. Didn’t have adequate knowledge of property or financial obligations of other party

Question 29

Void marriages are enforceable only _________.

Answer 29

To the extent necessary to avoid an inequitable result

Question 30

Anyone at least _______ years of age has the legal capacity to marry

Answer 30

18

Question 31

If someone wants to marry while under 18, ___________ is required.

Answer 31

Consent of both parents

Question 32

In some states, minors without parental consent can still marry with _____________.

Answer 32

Consent of a judge

Question 33

Mutual consent to marriage is defined as:

Answer 33

1. Assent then present in the parties
2. Freely, voluntarily, and understandingly given
3. Representing a mutual intention of marital relationship by competent contracting parties

Question 34

Same-sex marriages were federally recognized in the year _______.

Answer 34

2013

Question 35

State-level bans on same-sex marriage were held unconstitutional in the year _______.

Answer 35

2015

Question 36

A marriage resulting from an incestuous relationship will be held _______.

Answer 36

Void

Question 37

A marriage between blood _____ and _____ is void.

Answer 37

Ancestors

Descendants

Question 38

A marriage between _____, _____, and _____ siblings is void.

Answer 38

Full-blood

Half-blood

Adopted

Question 39

A marriage between lineals who are _____________ are void.

Answer 39

Up or down one generation

Question 40

Lineals who are up or down one generation are _______.

Answer 40

Aunts, uncles, nieces, nephews, etc.

Question 41

Marriage between ______ cousins is voud.

Answer 41

First

Question 42

What is bigamy?

Answer 42

Marriage to more than one spouse

Question 43

Is bigamy legal?

Answer 43

No

Question 44

Someone is married. Without legally terminating that marriage, they marry a second time. What effect?

Answer 44

The second, bigamous marriage is void.

Question 45

What are “marriage-saving doctrines”?

Answer 45

Laws creating a presumption against a finding of a bigamous marriage

Question 46

How do marriage-saving doctrines work?

Answer 46

Presume validity of the marriage in question. Other states will accept the marriage as valid as soon as the impediment has been removed.

Question 47

What is a ceremonial marriage?

Answer 47

A legally valid civil marriage that:
1. Follows all statutory requirements AND
2. Has been solemnized before an authorized religious/civil official

Question 48

Most states require that parties obtain a ________ prior to solemnization of the marriage.

Answer 48

Marriage license

Question 49

Generally, a license to marry requires:

Answer 49

1. Satisfactory proof that each party to marriage at least 18 years old or has the consent of parents or judicial approval
2. Satisfactory proof that marriage not prohibited AND
3. Results of any medical examination required by the laws of the state

Question 50

Most states require a ______ period before the marriage license.

Answer 50

Waiting

Question 51

Marriage licenses will expire if ________ does not occur within a certain period

Answer 51

Solemnization of the marriage

Question 52

Compliance with marriage license statutes is generally not essential to validity of the marriage unless ____________.

Answer 52

The applicable statute makes such compliance essential

Question 53

Solemnization is also known as _________.

Answer 53

Marriage ceremony

Question 54

Who may solemnize a marriage?

Answer 54

1. Judge of court of record
2. Public official whose powers include solemnization of marriage OR
3. In accordance with any solemnization mode recognized by a religious/cultural group

Question 55

The requirements of solemnization are:

Answer 55

1. An officiant
2. Witness (in most states, at least two)
3. Exchange of promises

Question 56

Violation of solemnization statutes will only invalidate a marriage if:

Answer 56

1. Person performing the ceremony was not authorized to do so AND
2. Some other requirement(s) has not been met

Question 57

What does common law marriage accomplish?

Answer 57

Creats marital obligations and rights identical to those flowing from a ceremonial marriage

Question 58

What are the requirements for a common law marriage?

Answer 58

1. Capacity to enter a marital contract
2. Present agreement to be married
3. Cohabitation AND
4. Hold out a marital relationship to the community

Question 59

While most states do not permit common law marriages, how do universally accepted conflict-of-laws principles allow for them?

Answer 59

A marriage under the law of the place in which it was contracted will be valid elsewhere UNLESS it violates a state’s strong public policy interest

Question 60

How can common law marriage be dissolved?

Answer 60

Only via divorce

Question 61

Who is a putative spouse?

Answer 61

Any person who has cohabited with another to whom she is not legally married in the good faith belief that she was married to that person

Question 62

A person ceases being a putative spouse when _________.

Answer 62

Knowledge that she is not legally amrried

Question 63

What are the requirements of a putative spouse?

Answer 63

1. Cohabitation AND
2. Good faith belief of legal marriage

Question 64

The effect of a putative spouse is _________.

Answer 64

She receives all rights conferred upon a legal spouse

Question 65

Rights of a putative spouse do not superseded:

Answer 65

Rights of:
1. Legal spouse OR
2. Other putative spouses

Question 66

What is a meretricious relationship?

Answer 66

Stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist.

NOT a putative spouse

Question 67

If cohabitants sue former partners for purportedly shared property, they must show that they are entitled to part of the property based on:

Answer 67

1. Express contract
2. Implied-in-fact contract
3. Constructive/resulting trust
4. Quantum meruit
5. Partnership theory

Question 68

What is quantum merit?

Answer 68

Compensation for a cohabitant’s contributions to the other cohabitant’s benefit

Question 69

When will the court impose a constructive or resulting trust on cohabitants?

Answer 69

To prevent the unjust enrichment of one party at the expense of another

Question 70

Payment to a cohabitant under the doctrine of quantum merit is limited to _______.

Answer 70

What would be fairly paid for the cohabitant’s activities in the public sphere

Question 71

What is the partnership theory for collecting from a cohabitant?

Answer 71

The couple engaged in a joint economic venture for which one party can recover against the other

Question 72

At common law, husband and wife were regarded as one; in other words, _______.

Answer 72

Legal existence of wife was merged with that of her husband

Question 73

At common law, what were a wife’s disability?

Answer 73

1. No capacity to contract for herself
2. Cannot sue/be sued unless husband jointed as P or D
3. Husband acquired right to possession & use of wife’s real/personal property
4. Husband liable for tort’s wife

Question 74

Who controls separate property, the spouse or the couple?

Answer 74

The individual spouse

Question 75

A married person may own, hold, control, dispose of, or encumber her separate property without:

Answer 75

1. Consent/joinder of her spouse AND
2. Her spouse having any interest in that property

Question 76

What is separate property?

Answer 76

1. All property owned by each spouse before marriage
2. Property brought into the marriage by gift, will, or inheritance AND
3. Any rents, issues, and profits derived from SP

Question 77

What is marital property?

Answer 77

All property acquired by either spouse during an ongoing marriage other than by gift or inheritance

Question 78

All marital property is subject to _____ upon divorce.

Answer 78

Division

Question 79

Marital property continues to accrue until _______.

Answer 79

The marriage is dissolved

Question 80

Financial instruments are marital property when they are _____________, even if the instrument is in only one spouse’s name.

Answer 80

Purchased with funds that were marital property

Question 81

Women were allowed to have property rights upon the enactment of _________.

Answer 81

Married women’s property act

Question 82

What happens when there is a tenancy by the entirety?

Answer 82

Husband and wife own undivided share with the right of survivorship

Question 83

What is the language of a tenancy by the entirety?

Answer 83

To H & W with the right of survivorship

Question 84

How is a tenancy by the entirety created?

Answer 84

1. Valid marriage
2. Four unities:
   a. Time
   b. Title
   c. Interest
   d. Possession
3. Right of survivorship

Question 85

How is a tenancy in the entirety severed?

Answer 85

1. Death
2. Divorce
3. Mutual written agreement between husband and wife

Question 86

What effect does unilateral conveyance have on a tenancy by the entirety?

Answer 86

Does not sever

Question 87

What effect does execution by creditors have on a tenancy by the entirety?

Answer 87

No severance

Question 88

What is the duty to support one’s spouse?

Answer 88

1. Husband and wife are liable for necessaries incurred by the other
2. Spouses are liable as principals and agents

Question 89

What are necessaries?

Answer 89

All things proper for sustaining human life

Question 90

What is the name change requirement for marriage?

Answer 90

Trick question; there is no such requirement

Question 91

At common law, may spouses sue one another for torts?

Answer 91

No; interspousal tort immunity exists

Question 92

At modern law, may spouses sue one another for torts?

Answer 92

Yes

Question 93

Even where a spouse is immune from tort liability for torts committed against the other spouse, that immunity does not extend to ________

Answer 93

Criminal prosecutions for spousal abuse

Question 94

Is there a spousal exemption to rape?

Answer 94

In most states, no.

In some states, a person cannot be guilty of criminal sexual conduct if victim is D’s legal spouse unless they’re living apart because of a court order

Question 95

At common law, what is the right to family privacy?

Answer 95

Right to be free from publicizing of one’s private affairs which:
1. Public has no legitimate concern OR
2. Intrusion would cause mental suffering, shame, or humiliation

Question 96

Fundamental rights of family privacy whose restriction is subject to strict scrutiny include:

Answer 96

Right to…
1. Marry
2. Procreate
3. Purchase and use contraceptives
4. Keep family together
5. Custody of children AND
6. Control upbringing of one’s children

Question 97

What rights fall within a parent’s right to control the upbringing of one’s children - and thus, their restriction is subject to strict scrutiny?

Answer 97

1. Right of parents to educate their children outside of public schools
2. Right of parents to decide care, custody, and control of their children
3. Visitation rights

Question 98

For what family right under privacy is the level of scrutiny unknown, but it is still a fundamental right?

Answer 98

Right to homosexual activity

Question 99

Prior to viability, what level of restriction may be imposed on abortion?

Answer 99

May not prohibit, but may regulate unless undue burden

Question 100

After viability, what level of restriction may be imposed on abortion?

Answer 100

May prohibit unless necessary to protect the woman’s health or life

Question 101

Which privilege protects spousal testimony in both criminal AND civil cases?

Answer 101

All communications between husband and wife:
1. Made during the course of marriage AND
2. Intended to be confidential
…are privileged

Question 102

Does the privilege of confidential marital communications end with divorce?

Answer 102

No; communications that were made during marriage are still protected

Question 103

What are the exceptions to the doctrine of confidential marital communications?

Answer 103

1. Civil actions between spouses
2. Criminal prosecution where one spouse charged with crime against spouse or children

Question 104

Which privilege protects spousal testimony only in criminal cases?

Answer 104

Spousal testimonial privilege

Question 105

What is spousal testimonial privilege?

Answer 105

Person is permitted to refuse to testify against her spouse as to anything

Question 106

When can spousal testimonial privilege be invoked?

Answer 106

Only during valid marriage

Question 107

Who is the holder of a spousal testimonial privilege?

Answer 107

Only the witness spouse

Question 108

What is the exception for which spousal testimonial privilege does not apply?

Answer 108

Criminal prosecution where one spouse charged with crime against spouse or children

Question 109

What is consortium?

Answer 109

Status and rights of both spouses resulting from the relationship

Question 110

In general, a claim for loss of consortium encompasses what types of injuries?

Answer 110

1. Love/affection
2. Society/companionship (economic dependency)
3. Sexual relationship
4. Performance of material services
5. Financial support
6. Aid/assistance AND
7. Fidelity

Question 111

The elements of a loss of consortium action are:

Answer 111

1. Injuries to spouse
2. Loss and expenses of the P-spouse
3. Liability of D for those injuries

Question 112

Loss and expenses of the Plaintiff-spouse are limited to _________.

Answer 112

Damages incurred during impaired spouse’s lifetime

Question 113

An action for loss of consortium requires that D must at least be _______.

Answer 113

Negligent

Question 114

What causation is required for a successful action for loss of consortium?

Answer 114

Proximate cause of loss of consortium

Question 115

In some states, a claim for loss of consortium must be derived from ________

Answer 115

An injured spouse’s tort claim

Question 116

What are the requirements for the (now-abolished) tort of criminal conversation?

Answer 116

1. Actual marriage between spouses AND
2. Sexual intercourse between D and P’s spouse during the marriage

Question 117

What is a declaration of nullity?

Answer 117

Action pursued when the underlying marriage is legally void

Question 118

What does it mean for a marriage to be void ab initio?

Answer 118

Invalid from the outset; do not require a court decree to nullify the marriage

Question 119

On what grounds is a marriage void ab initio?

Answer 119

1. Incest
2. Bigamy

Question 120

Why can’t doctrines that would make a marriage void ab initio be waived?

Answer 120

These marriages violate strong public policy interests of the state

Question 121

Beyond the parties, who can attack void ab initio marriages?

Answer 121

Third parties

Question 122

If marriages are void ab initio, why would a declaration of nullity be of use?

Answer 122

Have the court settle other issues

Question 123

What does the death of one spouse do to a marriage that is void ab initio?

Answer 123

The marriage can still be attacked

Question 124

Where there is a voidable marriage, _______ is required.

Answer 124

Annulment

Question 125

Can parties waive issues that would make a marriage voidable?

Answer 125

Yes

Question 126

Who can challenge a voidable marriage?

Answer 126

Only spouses

Question 127

What happens when a spouse in a voidable marriage dies?

Answer 127

Voidable marriage can no longer be voided

Question 128

What is an annulment?

Answer 128

Action pursued to terminate a voidable marriage

Question 129

If a marriage is annulled, the parties are treated as though _________.

Answer 129

They were never married

Question 130

After an annulment, the process will be the same as divorce if:

Answer 130

1. There are children OR
2. Property has been accumulated

Question 131

Who has jurisdiction over annulment?

Answer 131

Domicile of either party

Question 132

In rare occasions, what states other than domicile have jurisdiction over annulment?

Answer 132

States where marital ceremony took place

Question 133

Annulment decrees entered by a court of proper jurisdiction are entitled to ____________.

Answer 133

Full faith and credit

Question 134

What are grounds for annulment?

Answer 134

1. One party was under 18 without parental consent
2. Lack of mental capacity
3. Lack of physical capacity

Question 135

A marriage is voidable when at least one spouse is under 18. What happens if they’re still married when the spouse turns 18.

Answer 135

The marriage is ratified

Question 136

What lack of mental capacity is grounds for annulment?

Answer 136

1. Mental incapacity or infirmity
2. Influence of alcohol, drugs, or other incapacitating substances
3. Force or duress
4. Fraud involving essentials of marriage

Question 137

What lack of physical capacity is grounds for annulment?

Answer 137

1. Incurable inability to engage in normal sexual relation AND
2. Other spouse unaware of incapacity at time marriage is solmenized

Question 138

What is the most common defense to an action to annul a voidable marriage?

Answer 138

Ratification

Question 139

When does ratification occur?

Answer 139

When parties continue the marital relationship after the impediment to the marriage is removed

Question 140

Is alimony granted for an annulment

Answer 140

No

Question 141

Upon annulment, alimony rulings from prior marriages will not be revived unless _________.

Answer 141

Great need demonstrated

Question 142

What is divorce?

Answer 142

Judicial decree which terminates the marital relationship and changes the legal status of the married parties

Question 143

No-fault divorce is available where:

Answer 143

1. Irreconcilable differences OR
2. Irretrievable breakdown of the marriage

Question 144

Under a no-fault divorce statute, the parties are not required to prove fault or grounds for divorce other than:

Answer 144

Showing of:
1. Irreconcilable differences OR
2. An irretrievable breakdown of the marriage

Question 145

Irreconcilable differences are also known as __________.

Answer 145

Incompatibility

Question 146

When do irreconcilable differences exist?

Answer 146

Such a conflict of personalities exists so as to destroy the legitimate ends of matrimony and possible reconciliation

Question 147

_____________ is not sufficient to show that differences are reconcilable

Answer 147

One party’s belief in possible reconciliation

Question 148

What is the irretrievable breakdown of marriage?

Answer 148

1. Where either/both parties are unable/refuse to cohabit AND
2. There are no prospects for reconciliation

Question 149

What were the traditional grounds for divorce?

Answer 149

1. Cruelty
2. Adultery
3. Desertion & abandonment
4. Habitual drunkenness or drug addiction

Question 150

What is cruelty as a grounds for divorce?

Answer 150

Cruel/inhuman treatment of P by D such that D’s conduct makes it unsafe/improper for P to cohabit with D

Question 151

For cruelty, courts distinguish ______ from mere incompatibility and _________ from trivial misconduct.

Answer 151

Cruel and inhuman treatment

Serious misconduct

Question 152

As a general rule, cruel and inhuman treatment for cruelty must be shown to be ____ and _____.

Answer 152

Routine

Continuous

Question 153

Acts of physical abuse have repeatedly been found to constitute cruelty when ___________.

Answer 153

They are shown to be part of a pattern of misconduct

Question 154

What is mental cruelty?

Answer 154

Course of unprovoked conduct toward one’s spouse that causes embarrassment, humiliation, and anguish so as to render the spouse’s life miserable and unendurable.

Question 155

In order for mental cruelty to constitute cruelty, there must be ________

Answer 155

Course of conduct that endangers the physical or mental health of P so as to render continued cohabitation unsafe/improper

Question 156

Verbal abuse and torment is sufficient mental cruelty to constitute cruelty as grounds for divorce if:

Answer 156

1. Vicious AND
2. Persistent

Question 157

Adultery is sufficient mental cruelty to constitute cruelty as grounds for divorce if ___________.

Answer 157

Repeated often enough.

However, courts generally require additional cruel/inhuman treatment

Question 158

How does continued cohabitation affect a claim of cruelty?

Answer 158

1. After long enough time OR
2. After separating and then resuming the marital relationship

Question 159

What is adultery as grounds for divorce?

Answer 159

One spouse rejects the other by entering into personal, intimate sexual relationship with any other

Question 160

How does cohabitation affect adultery as grounds for divorce?

Answer 160

Continued cohabitation beyond a few days after recieving knowledge is condonation

Question 161

What is desertion and abandonment as grounds for divorce?

Answer 161

One spouse
1. Withdraws from the common dwelling without lawful cause AND
2. Constantly refuses to return

Question 162

To constitute desertion as a ground for divorce, there must be a cessation of ________.

Answer 162

Cohabitation

Question 163

Cohabitation consists of ______.

Answer 163

The continuing condition of living together and carrying out the mutual responsibilities of the marital relationship

Question 164

What is intent to desert in relation to desertion and abandonment as grounds for divorce?

Answer 164

Intent
1. Not to return
2. Not to resume cohabitation
3. To terminate the marriage relation

Question 165

For desertion and abandonment as grounds for divorce, most statutes require that desertion continue for _________.

Answer 165

A stated period of time

Question 166

What effect does resuming cohabitation on desertion and abandonment as grounds for divorce?

Answer 166

Depends on jurisdiction, but:
1. Temporary resumption may or may not break continuity of statutory period
2. Long-term resumption will break continuity

Question 167

What defenses exist against for-cause divorce?

Answer 167

1. Collusion
2. Connivance
3. Condonation
4. Recrimination

Question 168

What is collusion as a defense to for-cause divorce?

Answer 168

Agreement between spouses to:
1. Simulate a ground for divorce OR
2. To waive raising a valid defense

Question 169

What is connivance as a defense to for-cause divorce?

Answer 169

Consent by one spouse to the other spouse’s misconduct

Question 170

Connivance as a defense to for-cause divorce is usually limited to ______.

Answer 170

Adultery

Question 171

What is condonation as a defense to for-cause divorce?

Answer 171

Forgiveness of one spouse by the other for a breach of marital duty after knowledge of their commission

Question 172

Condonation as a defense to for-cause divorce is also known as __________.

Answer 172

Reconciliation

Question 173

Condonation as a defense to for-cause divorce is also known as __________.

Answer 173

Reconciliation

Question 174

For condonation as a defense to for-cause divorce, what factors might a court consider?

Answer 174

1. Expression of forgiveness
2. Fact of cohabitation
3. Length of time the parties cohabit after the injured spouse learns of matrimonial offense
4. Whether cohabitation results from necessity
5. Whether parties continue to have sexual relations

Question 175

An essential element of condonation as a defense to for-cause divorce is _________.

Answer 175

Resumption of cohabitation & restoration of all marital rights

Question 176

What is recrimination as a defense to for-cause divorce?

Answer 176

Other spouse was also guilty of misconduct for which a divorce may. begranted

Question 177

In order to have a conversion divorce, the parties must live separate and apart continuously for a statutory period.

What does “living separate and apart” mean in this context?

Answer 177

1. Something in addition to discontinuance of sexual relations
2. Separation must be visible to the community

Question 178

What is recrimination as a defense to for-cause divorce?

Answer 178

Other spouse was also guilty of misconduct for which a divorce may. be granted

Question 178

Recrimination as a defense to for-cause divorce is also known as _______.

Answer 178

Dity hands

Question 179

What is conversion divorce?

Answer 179

Conversion of legal separation into a divorce when parties have lived separate and apart for a specified time, intending to end the marriage

Question 179

Attempted reconciliation won’t toll the statutory time period for separation where ___________

Answer 179

Evidence reflects that the parties didn’t resume all rights/duties attendant to the marital relationship

Question 180

___________ was basically the doctrine of no-fault divorce before no-fault divorce existed.

Answer 180

Conversion divorce

Question 181

Parties in marital status determination elements of a divorce case are subject to jurisdiction based on _______.

Answer 181

Their domicile

Question 182

In divorce law, in personam jurisdiction applies to cases involving only _______.

Answer 182

Matters incident to marital status determination, like alimony, property division, or child support

Question 183

What is an ex parte divorce?

Answer 183

Court has jurisdiction over only the divorce because only one party is present and domiciled in the state

Question 184

In order for there to be jurisdiction over divorce, one of the parties must be ________ in the jurisdiction where the action for divorce is brought.

In some states, this is extended to ____________.

Answer 184

resident

Requiring P to be resident for a specified duration

Question 185

Personal jurisdiction over D is not required for:

Answer 185

1. Separation
2. Divorce
3. Annulment

Question 186

Personal jurisdiction over D is required for:

Answer 186

1. Property rights
2. Support
3. Alimony

Question 187

What is the doctrine of sister state divorce decrees?

Answer 187

Courts will only recognize decrees regarding property rights, spousal support, or child support if the rendering court has personal jurisdiction over D spouse.

If that’s the case, full faith and credit is granted.

Question 188

Foreign divorce decrees are recognized under the principles of ______.

Answer 188

Comity

Question 189

What is preliminary relief?

Answer 189

Temporary relief is available pending the entry of a decree of dissolution by a court

Question 190

What kinds of preliminary relief exist?

Answer 190

1. Temporary parenting plan
2. Temporary child support orders
3. Temporary restraining orders
4. Protection orders for DV

Question 191

In some states, a divorce decree is considered ______ when issued and only becomes final after _________.

Answer 191

Interlocutory

Some specified period of time

Question 192

Legal separation occurs via _______ agreements.

Answer 192

Separation

Question 193

The parties may enter into a written separation agreement containing provisions for:

Answer 193

1. Disposition of any property owned by either of them
2. Maintenance of either of them
3. Support, custody, and visitation of their children

Question 194

What is a separation agreement?

Answer 194

A contract between a husband and wife who have decided to live apart.

Sets forth the manner in which the obligations of the marital relationship are to be carried out.

Question 195

An action for legal separation does not ______________, but rather only orders the parties to live apart and adjudicates property.

Answer 195

Terminate the marriage

Question 196

What are the requirements for a separation agreement?

Answer 196

1. Intent of at least one spouse to dissolve the marital relationship or not to resume marital relations
2. Voluntarily entered
3. Statutory requirements (usually writing)

Question 197

When have spouses voluntarily entered a separation agreement?

Answer 197

1. Free from mistake, menace, fraud, duress or undue influence
2. Full & fair disclosure by both parties AD
3. Representation by independent legal counsel

Question 198

Sufficient consideration for a separation agreement may be found in ___________.

Answer 198

Mutual promises of the parties

Question 199

Terms of a separation agreement are binding on the court unless:

Answer 199

1. Support, custody, and visitation of children OR
2. Separation agreement unconscionable

Question 200

Some states allow a court to refer the parties to a divorce action to a mediator who is __________.

Answer 200

Approved the court

Question 201

Mediation involves __________.

Answer 201

Assistance of a neutral third party in attempting to resolve a dispute

Question 202

A mediator is a _________.

Answer 202

Neutral third party

Question 203

The mediator’s function is to assist the parties in their negotiations by:

Answer 203

1. Helping the parties define the issues
2. Overcome barriers to communication AND
3. Explore different methods of resolving their dispute

Question 204

__________ by mediators can be basis for setting aside a settlement agreement.

Answer 204

Significant misconduct

Question 205

What are the duties of mediators?

Answer 205

1. Impartial
2. Promote informed decision making AND
3. Explain the mediation process

Question 206

When can a mediator NOT be impartial?

Answer 206

After disclosure of conflict, parties still agree to oversight by the mediator

Question 207

Almost state now recognizes express contracts between cohabitants unless _______.

Answer 207

The sole consideration is sexual relations

Question 208

Cohabitant rights based on contract theories are severely limited in scope, applying only to ________.

Answer 208

Rights inter se

Question 209

What formalities are required for cohabitation agreements?

Answer 209

None

Question 210

Compensation for loss of consortium is typically available only to _______.

Answer 210

Legally recognized spouse of the injured party

Question 211

Why don’t courts typically expand liability for negligent infliction of emotional distres to cohabitants?

Answer 211

1. Difficult to determine which cohabitants should be allowed to recover
2. Problems of proving importance of the relatiopnship
3. Would undermine strong public policy in support of marriage

Question 212

It is rare that states will expand liability for negligent infliction of emotional distress to a cohabitating fiance. However, if they do, it may be for ___________.

Answer 212

Engaged cohabitants

Question 213

Can cohabitants be compensated for wrongful death?

Answer 213

Usually, no.

Question 214

A non-marital child is also known as _______.

Answer 214

An illegitimate child

Question 215

Who is a non-marital child?

Answer 215

Child born to:
1. Unmarried woman OR
2. Married woman but fathered by a man who isn’t her husband

Question 216

Who has the burden of showing whether a child is legitimate?

Answer 216

The person alleging illegitimacy

Question 217

A child born to a married couple is presumed to be their legitimate offspring in absence of a clear demonstration that _________.

Answer 217

The husband couldn’t possibly be the father

Question 218

The presumption of legitimacy arising from birth in wedlock supports the rule that _____________.

Answer 218

if a husband was able to have sex with his wife, it must be his child

Question 219

The presumption of a child’s legitimacy can be rebutted via:

Answer 219

1. Proof of husband’s infertility OR
2. Lack of access to his wife

Question 220

Access between husband and wife is presumed until _________.

Answer 220

The contrary is plainly proved

Question 221

The presumption of legitimacy generally applies even when it shown that conception occurred _______.

Answer 221

Before the parties were married

Question 222

States can exclude evidence regarding the illegitimacy of a child if __________.

Answer 222

Rebutting the presumption is contrary to the child’s best interest.

Question 223

What kinds of marriages does a presumption of legitimacy apply to?

Answer 223

1. Ceremonial marriage
2. Common law marriage

Question 224

Under the UPA, a man is presumptive natural father if after the child’s birth:

Answer 224

1. Marries mother AND
2. Voluntarily asserted his paternity of a child

Question 225

How can a man voluntarily assert his paternity of a child?

Answer 225

1. Writing filed with state agency maintaining birth records
2. Agreed to and named as child’s father on child’s birth certificate OR
3. Promised in writing to support the child as his own

Question 226

A man is presumed to be the father of a child if he and the mother were married and the child is born within ________ after marriage terminates.

Answer 226

300 days

Question 227

There is a presumption that a child was legitimately conceived even when parents were living ________.

Answer 227

Separate and apart

Question 228

If there is a second marriage, the child will be regarded as that of the first husband if __________.

Answer 228

No evidence of sexual relations between second husband and wife during possible period of conception

Question 229

What parties must be joined as parties in a proceeding to adjudicate parentage?

Answer 229

1. Mother of the child AND
2. Man whose paternity is to be adjudicated

Question 230

What parties must be joined as parties in a proceeding to adjudicate parentage?

Answer 230

1. Mother of the child AND
2. Man whose paternity is to be adjudicated

Question 231

A minor child is a _______ party to a filiation proceeding.

Answer 231

Permissible

Question 232

A minor child is a _______ party to a filiation proceeding.

Answer 232

Permissible

Question 233

During filiation proceedings, a guardian at litem may be appointed for a child if:

Answer 233

1. Minor or incapacitated child OR
2. Interests of child not adequately represented

Question 234

Who has jurisdiction over filiation proceedings?

Answer 234

Court has personal jurisdiction over the individual

Question 235

A court has personal jurisdiction over an alleged parent during filiation proceedings if there are minimum contacts.

When are there minimum contacts?

Answer 235

1. Engaged in sexual intercourse in state AND
2. Child may have been conceived by that act of intercourse

Question 236

There is no SoL on filiation proceedings if _____________.

Answer 236

Child has no presumed, acknowledged, or adjudicated father

Question 237

There may be filiation proceedings for an adult child, but only if:

Answer 237

1. Child has no presumed, acknowledged, or adjudicated father AND
2. Child initiates the proceeding

Question 238

If a child has a presumed father, the SoL prevents filiation proceedings _________.

Answer 238

Within 2 years after birth of child

Question 239

The SoL on filiation proceedings when there is a presumed father does not apply if:

Answer 239

1. Presumed father or mother neither cohabited nor engaged in sexual intercourse during probable time of conception AND
2. Presumed father never openly held out the child as his own

Question 240

The two-year SoL on filiation proceedings does not violate ________.

Answer 240

Due process

Question 241

What evidence is admissible in a filiation proceeding?

Answer 241

1. Statements made regarding paternity
2. Resemblance of child to D
3. Medical testimony/records
4. Blood or genetic testing

Question 242

If there is blood/genetic testing, and the test shows D is not the father, then __________.

Answer 242

Case must be dismissed

Question 243

A court may deny genetic testing during a filiation proceeding if:

Answer 243

Child has a presumed/acknowledged father AND
1. Mother/father estopped from denying parentage AND
2. Inequitable to disprove father-child relationship

Question 244

What factors help determine whether it would be inequitable to use genetic testing to disprove a father-child relationship?

Answer 244

1. Length of time between proceeding and time the presumed/acknowledged father had notice of possible nonpaternity
2. Length of time during which presumed/acknowledged father had assumed role of father
3. Facts surrounding presumed father’s discovery of nonpaternity
4. Nature of relationship between the child and presumed/acknowledged father
5. Age of the child
6. Harm to child if paternity disproved
7. Nature of relationship between child and any alleged father
8. Chances of establishing paternity of another man and child support obligation in favor of the child AND
9. Any other factors that might harm the child

Question 245

What is the policy rationale for allowing courts to deny genetic testing during filiation proceedings?

Answer 245

States have an interest in preventing the disruption of intact marital families

Question 246

What is legitimation?

Answer 246

Act of giving the character of legitimate children to those who were not so born

Question 247

An illegitimate child will be legitimized as the father’s child only if:

Answer 247

1. Voluntarily acknowledgment of paternity OR
2. Judicial decree establishing paternity

Question 248

Under the UPA, a man is the presumptive natural father if after the child’s birth:

Answer 248

1. Marries mother AND
2. Voluntarily asserted his paternity of child

Question 249

Under the UPA, how does someone voluntarily assert his paternity of child?

Answer 249

1. Writing filed with state agency maintaining birth records
2. Agreed to/named as child’s father on child’s birth certificate OR
3. Promised in writing to support the child as his own

Question 250

Discrimination against non-marital children is subject to what level of scrutiny?

Answer 250

Intermediate

Question 251

Constitutional or not?

A law provides benefit to all marital children, but not to non-marital ones.

Answer 251

Unconstitutional

Question 252

Constitutional or not?

A law provides benefit to all marital children, but not to non-marital ones.

Answer 252

Unconstitutional

Question 253

Constitutional or not?

A law provides benefit to some non-marital children, but not to others.

Answer 253

Subject to scrutiny

Question 254

Under the US Constitution, an unwed biological father who has ______________ has a substantive due process right in that relationship.

Answer 254

a significant relationship with his biological child

Question 255

Only when an unwed father demonstrates ___________ does he have substantial protection under due process.

Answer 255

Full commitment to the responsibilities of parenthood

Question 256

An irrebuttable presumption that a husband is the father is okay if mother does not ___________.

Answer 256

Join the alleged father’s paternity petition

Question 257

May an unmarried parent recover for wrongful death of non-marital child?

Answer 257

Mother, yes

Father, only if previously legally recognized the child

Question 258

What is the citizenship of a child born abroad to an unmarried American mother?

Answer 258

Automatically granted US citizenship

Question 259

What is the citizenship of a child born abroad to an unmarried American father?

Answer 259

Only American if paternity is established

Question 260

A donor is not the parent of a child conceived via assisted reproduction unless __________.

Answer 260

he is a man who provides sperm with the intent of being a parent of the resulting child

Question 261

A non-biological father who is the husband of an artificially inseminated mother is a father if:

Answer 261

1. Husband consented in writing with intent to be the parent of the child AND
2. Medical doctor performed the insemination

Question 262

The consent of a woman/man to assisted reproduction may be withdrawn by that individual in a record at any time before ______.

Answer 262

Placement of eggs, sperms, or embryos

Question 263

What is the effect of revoking consent to assisted reproduction?

Answer 263

Not the parent of resulting child

Question 264

If a marriage is dissolved before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless ______.

Answer 264

The former spouse consented in a record that, if assisted reproduction were to occur after a divorce, the former spouse would be a parent of the child

Question 265

If a person who consented to be a parent by assisted reproduction dies before placement of eggs, sperm, or embryos, the former spouse is not a parent of the resulting child unless ______.

Answer 265

The deceased spouse consented in a record that, if assisted reproduction were to occur after death, the deceased spouse would be a parent of the child

Question 266

Upon birth of child to gestational mother, the intended parents shall file notice with the court that __________.

Answer 266

A child has been born to the gestational mother within 300 days after assisted reproduction

Question 267

After parents file notice that a child was born to gestational mother after assisted reproduction, the court shall issue order that:

Answer 267

1. Confirms that intended parents are parents of the child
2. Orders child be surrendered to the intended parents AND
3. Direct agency to issue birth certificate naming intended parents as parents of the child

Question 268

A gestational agreement that is not _________ is not enforceable.

Answer 268

Judicially validated

Question 269

If there is a nonvalidated gestational agreement, then the gestational mother becomes ___________.

Answer 269

Legal mother

Question 270

If there is a nonvalidated gestational agreement, who becomes the legal father?

Answer 270

Gestational mother’s husband

Question 271

If there is a nonvalidated gestational agreement, and the gestational mother decides to keep the child, what recourse do the intended parents have?

Answer 271

None

Question 272

It is the policy of the law to look after the interest of children who are considered incapable of looking after themselves in order to:

Answer 272

1. Protect them from their own folly AND
2. Prevent adults from taking advantage of them

Question 273

Infant contracts are _________.

Answer 273

Voidable

Question 274

When may minors disaffirm contracts?

Answer 274

1. While being minors OR
2. Within a reasonable time of reaching majority

Question 275

A child is liable for the value of ______ furnished to her even if she is too young to have legal capacity to contract for them.

Answer 275

Necessaries

Question 276

What are necessaries?

Answer 276

All things proper and requisite for the sustenance of human life

Question 277

What is the extent of a child’s liability for contracting for necessaries?

Answer 277

Reasonable value of necessaries furnished

Question 278

A child may generally own and convey property, but __________.

Answer 278

Child can disaffirm any conveyance upon reaching the age of majority

Question 279

Upon the disaffirmance of a deed made during infancy, the infant is entitled to ___________

Answer 279

Recover the property conveyed by her during infancy

Question 280

An infant is liable for her own torts provided that the tort:

Answer 280

1. Does not arise out of OR
2. Is not connected to
   …a contract

Question 281

What is the standard of care by which a child must act in light of tort law?

Answer 281

Reasonable care, but measured to determine if they constitute negligence varies from that employed for adults

Question 282

When will a child be liable for torts?

Answer 282

1. Child makes a wilful act AND
2. Tort is connected with contracts

Question 283

A child cannot be criminally liable under the age of _______.

Answer 283

7

Question 284

A child is (rebuttably) presumed to lack criminal capacity at what age?

Answer 284

Between ages of 7 and 14

Question 285

A child bears full criminal responsibility after the age of ______.

Answer 285

14

Question 286

Can children make valid wills?

Answer 286

No

Question 287

Children cannot consent to ____ treatment.

Answer 287

Medical

Question 288

A doctor who performs a medical procedure on a minor child without the parents’ consent is liable in tort unless:

Answer 288

1. Implied consent for life-threatening emergency
2. Public health concerns
3. Older children

Question 289

How can the state intervene to protect children when parents deny them needed medical care?

Answer 289

Chid can be adjudicated neglected, and the state can order the medical treatment

Question 290

When parents object to medical care, the concept of “need” generally requires ___________

Answer 290

The child to face imminent death or serious injury without the medical treatment

Question 291

Many states allow the state to order medical care of parental protest without a finding of parental fault if ___________.

Answer 291

Parents object to the child’s treatment on religious grounds

Question 292

Parents are legally obligated to support their children. These obligations generally entail:

Answer 292

1. Expression of love/affection for the child
2. Expression of personal concern over the health, education, and general well-being of the child
3. Necessary food, clothing, and medical care
4. Adequate domicile AND
5. Furnish social/religious guidance

Question 293

Courts have uniformly rejected the argument of “unwanted child” to support obligations.

What is this argument?

Answer 293

One parent expressly stated that he did not want to have children

Question 294

What is the reason for courts rejected the “unwanted child” defense to support obligations?

Answer 294

1. Public policy in favor of children AND
2. Implicit/explicit conclusion that a man who has sexual relations with a woman necessarily takes the risk that she may become pregnant

Question 295

Most jurisdictions do not recognize any duty of a _____ child to support her parents.

Answer 295

Adult

Question 296

What is emancipation?

Answer 296

Emancipation by the parent before the child reaches the age of majority

Question 297

Filiation proceedings are also known as ________.

Answer 297

Establishing paternity

Question 298

Who may bring an action to establish paternity?

Answer 298

1. The child
2. Mother of the child
3. Man whose paternity of the child is to be adjudicated
4. The state OR
5. Representative authorized by law

Question 299

Emancipation is more considered with ______ than with _______.

Answer 299

Extinguishment of parental rights/duties

Removing disabilities of infancy

Question 300

An emancipated minor is a child who ___________.

Answer 300

Has been granted the status of adulthood

Question 301

When a minor becomes emancipated, she can enjoy ________________.

Answer 301

All privileges and responsibilities of adulthood

Question 302

A parent is obligated to support her child until __________ unless the child is sooner emancipated.

Answer 302

the child reaches the age of majority

Question 303

What is partial emancipation?

Answer 303

Frees the child for only:
1. Part of the period of minority
2. Part of the parent’s right
3. Some specific purpose such as the right to her own wages

Question 304

What is complete emancipation?

Answer 304

Occurs when the parent:
1. Renounces all the legal duties AND
2. Voluntarily surrenders all the legal rights of her position to the child

Question 305

What are the three ways a minor can be emancipated?

Answer 305

1. Court petition
2. Marriage
3. Military service

Question 306

A court petition can lead to emancipation when the child:

Answer 306

1. Leaves home and earns her own support
2. Earns her own support while still living with a parent
3. Refuses to see, visit, or live with an obligor-parent OR
4. Receives public assistance in her own name

Question 307

Although a marriage may release a child from parental authority, it does not change the status of a child from a minor to an adult without ________.

Answer 307

Some statutes expressly providing for the change

Question 308

How does military service emancipate a minor?

Answer 308

After a minor is officially inducted into military service, the minor is emancipated during the course of her service

Question 309

In regards to education, states may require that ____________, but parents may ___________

Answer 309

Children attend school up to a certain age

Decide where their children will attend school

Question 310

When will state interests take priority over parental autonomy?

Answer 310

1. Termination of parental rights
2. Children in need of supervision

Question 311

Because the right to raise one’s children is a fundamental right, ______ is required before parental rights can be terminated.

Answer 311

Due process

Question 312

Grounds for the termination of parental rights must be proven according to what standard?

Answer 312

Clear and convincing evidence

Question 313

What are grounds for court termination of parental rights?

Answer 313

1. Infliction of serious physical harm
2. Abandonment
3. Neglect (aka deprivation)
4. Failure to support w/o justifiable cause
5. Mental illness so severe that parent incapable of caring for the child OR
6. General parental unfitness

Question 314

CINS stands for _______

Answer 314

Children in need of supervision

Question 315

A CINS is a minor who ________.

Answer 315

Commits an offense that, if committed by an adult, would not be a crime

Question 316

A child is considered in need of supervision if:

Answer 316

1. Habitual truancy
2. Beyond parent control (runaway behavior)
3. Danger to herself or others
4. Violates curfew
5. Ungovernable

Question 317

When is a child ungovernable?

Answer 317

Generally refuses to follow rules

Question 318

Parental immunity for torts against children has been mostly abolished but still exists for _____________.

Answer 318

Acts of ordinary negligence which results in personal injury to children

Question 319

Parents have substantial discretion in making decisions concerning __________.

Answer 319

Their children’s upbringing

Question 320

No recent case in any jurisdiction has held that the parent-child immunity applies to _________________.

Answer 320

Willful, wanton, or malicious infliction of physical injury on a child by a parent

Question 321

At common law, parents are not vicariously liable for their children’s liability as long as __________.

Answer 321

Parents were completely passive and didn’t contribute to child’s tortious conduct

Question 322

If the law allows a child to marry who is younger than the age of consent to marry, that child would become __________ upon marriage.

Answer 322

An emancipated minor

Question 323

_________ ceases when a minor child marries.

Answer 323

Parental support obligation

Question 324

Parents will be held liable for their own negligence in allowing the child to ____________.

Answer 324

Do something that causes injury to a third party

Question 325

Under modern law, parents are liable for ________ torts of their minor children.

Answer 325

Willful and intentional

Question 326

Modern statutes limit the vicarious tort liability of parents for their children to ________.

Answer 326

Certain dollar amount

Question 327

May a child recover from a person who tortiously injures her parents?

Answer 327

No

Question 328

While a child rarely has a right to action for loss of consortium against someone who injured her parents, some states allow it when __________.

Answer 328

Loss of parental support resulting from the wrongful act of another

Question 329

A parent who has her lawful custody interfered with may recover tort damages for ____ or _____.

Answer 329

Abduction

Enticement

Question 330

A parent may recover for enticement or abduction of a child whenever she can show that ___________.

Answer 330

This has had the effect of depriving her of the child’s services

Question 331

To establish a claim of tortious interference with child custody, P must show:

Answer 331

1. She has legal right to establish/maintain a parental/custodial relationship with her minor child
2. D took some action/affirmative effort
3. Action by D was willful
4. D had notice/knowledge that child had parent whose rights were invaded and didn’t consent

Question 332

At common law, what state has jurisdiction over an adoption proceeding?

Answer 332

State where the adoptive parents are domiciled

Question 333

At modern law, what state has jurisdiction over adoption proceedings?

Answer 333

Ask:
1. Whether state has a sufficiently strong connection with the child AND
2. Whether substantial evidence concerning the case is present there

Question 334

When is there sufficiently strong connection with a child and a state so as to justify jurisdiction over adoption proceedings?

Answer 334

1. Minor lived in state for at least 6 consecutive months (or if age under 6 months, soon after birth)
2. Prospective adoptive parent lived in state for at least 6 consecutive months
3. Agency that placed minor up for adoption located in state and best interests of minor
4. Physical presence and abandonment, neglect, or emergency situation OR
5. No other state has jurisdiction

Question 335

In regards to adoption proceedings and jurisdiction, best interests of minor are determined based on:

Answer 335

1. Significant connection with state AND
2. Substnaitla evidence concerning the minor’s present and future care

Question 336

Private placement is also known as _______ placement.

Answer 336

Independent

Question 337

What is private placement?

Answer 337

When the parent/guardian personally selects a prospective adoptive parent for the direct placement of the child

Question 338

A parent/guardian authorized to place a minor directly for adoption may place the minor only with __________.

Answer 338

A prospective adoptive parent for whom a favorable preplacement evaluation has been made

Question 339

An agency authorized to place a minor for adoption shall furnish to an individual inquiring about its services with ________.

Answer 339

A written statement of its services, including:
1. Agency’s procedure for selecting a prospective adoptive parent for a minor
2. Schedule of its fees

Question 340

Consent of _________ is generally required for adoption.

Answer 340

Child’s biological parents

Question 341

A biological father’s consent might not be required if ____________.

Answer 341

Parents are not married

Question 342

When an unwed father _______________, his interest in personal contact with his child acquires substantial protection under Due Process.

Answer 342

Demonstrates a full commitment to the responsibilities of parenthood

Question 343

An adoption order entered without notice to the unmarried father was constitutional when ________________.

Answer 343

The state provided the father with an opportunity to obtain notice and a hearing through registration with a “putative father registry.”

Question 344

An unmarried father may veto his child’s adoption when ____________.

Answer 344

state law grants a similarly situated unmarried mother a veto

Question 345

States can apply either a ______ or ______ test to determine if a child has been abandoned.

Answer 345

Subjective

Objective

Question 346

What is the subjective test for whether a child has been abandoned?

Answer 346

Courts require proof that the parent subjectively intended to abandon the relationship

Question 347

What is the objective test for whether a child has been abandoned?

Answer 347

Whether the parent has indicated a commitment to maintaining the parent-child relationship

Question 348

A committed father entitled to protection under the due process clause cannot have his parental rights severed without:

Answer 348

1. His consent OR
2. A showing of parental unfitness

Question 349

Records of adoption cases are _____ and _____.

Answer 349

Confidential

Sealed

Question 350

What are the effects of adoption?

Answer 350

1. Parental rights & obligations of biological parents terminated AND
2. Creates new parental rights and obligations in the adoptive parents

Question 351

Parental rights/obligations of biological parents are terminated upon adoption. However, there is one exception.

Answer 351

A minority of states allow courts to require visitation that is in the best interests of the child

Question 352

Gestational agreements are also known as ___________.

Answer 352

Surrogacy arrangements

Question 353

Gestational agreements are also known as ___________.

Answer 353

Surrogacy arrangements

Question 354

What is a gestational agreement?

Answer 354

An adult woman who agrees to bear a child conceived through assisted reproduction for intended parents

Question 355

A prospective gestational mother, her husband, a donor/donors, and the intended parent may enter into a gestational agreement that:

Answer 355

1. Gestational mother agrees to pregnancy by means of assisted reproduction
2. All rights and duties relinquished by gestational mother, her husband, and donors AND
3. Intended parents become parents of the child

Question 356

A child born to gestational mother within _____ days of assisted reproduction pursuant to a validated gestational agreement is presumed to be the result of assisted reproduction

Answer 356

300 days

Question 357

A gestational agreement does not apply to the birth of a child who ________.

Answer 357

Was conceived by means of sexual intercourse

Question 358

A gestational agreement does not apply to the birth of a child who ________.

Answer 358

Was conceived by means of sexual intercourse

Question 359

A gestational agreement may not limit the right of the gestational mother to ___________.

Answer 359

Make decisions to safeguard her health or that of the embryos/fetus

Question 360

A court may issue an order validating the gestational agreement and declaring that the intended parties will be parents of the child born during the agreement term, but only on a finding that:

Answer 360

1. Court has jurisdiction
2. Child-welfare has done a home study of intended parents
3. All parents voluntarily entered into the agreement and understand its terms
4. Adequate provision for all reasonable health care expenses AND
5. Consideration paid to prospective gestational mother is reasonable

Question 361

A court may issue an order validating the gestational agreement and declaring that the intended parties will be parents of the child born during the agreement term, but only on a finding that:

Answer 361

1. Court has jurisdiction
2. Child-welfare has done a home study of intended parents
3. All parents voluntarily entered into the agreement and understand its terms
4. Adequate provision for all reasonable health care expenses AND
5. Consideration paid to prospective gestational mother is reasonable

Question 362

When does the court have jurisdiction to validate a gestational agreement?

Answer 362

1. Mother or intended parents have been residents of the state for at least 90 days
2. Prospective gestational mother’s husband is joined in the proceeding AND
3. Copy of the gestational agreement is attached to the petition

Question 363

When does the court have jurisdiction to validate a gestational agreement?

Answer 363

1. Mother or intended parents have been residents of the state for at least 90 days
2. Prospective gestational mother’s husband is joined in the proceeding AND
3. Copy of the gestational agreement is attached to the petition

Question 364

When does the court have jurisdiction to validate a gestational agreement?

Answer 364

1. Mother or intended parents have been residents of the state for at least 90 days
2. Prospective gestational mother’s husband is joined in the proceeding AND
3. Copy of the gestational agreement is attached to the petition

Question 364

How may a prospective gestational mother, her husband, or either of the intended parties terminate a gestational agreement?

Answer 364

Giving written notice of termination to all other parties

Question 364

How

Question 364

When may a prospective gestational mother, her husband, or either of the intended parties terminate a gestational agreement?

Answer 364

1. After agreement is validated AND
2. Before prospective gestational mother becomes pregnant

Question 365

Upon birth of a child to gestational mother, the intended parents shall file notice with the court that __________

Answer 365

A child has been born to the gestational mother within 300 days after assisted reproduction

Question 366

After intended parents file notice with the court that a child has been born to the gestational mother, the court shall issue an order that:

Answer 366

1. Confirms that intended parents are parents of the child
2. Orders the child be surrendered to intended parents AND
3. Directs agency to issue birth certificate naming intended parents as parents of the child

Question 367

After a gestational agreement has been validated, what effect does a subsequent marriage of gestational mother have on the agreement?

Answer 367

1. Does not affect validity
2. New husband’s consent isn’t required AND
3. Husband is not presumed father of resulting child

Question 368

A gestational agreement that is not ________ validated is not enforceable.

Answer 368

Judicially

Question 369

The gestational mother is the legal mother of ________________.

Answer 369

The child born from a nonvalidated gestational agreement

Question 370

If a gestational mother decides to keep a child, what recourse do intended parents have?

Answer 370

None

Question 371

Traditionally, why could an adoption order be dissolved?

Answer 371

It couldn’t

Question 372

Modernly, why could an adoption be dissolved?

Answer 372

In special circumstances, such as discovery of an undisclosed mental/physical illness

Question 373

In evaluating dissolution of adoption claims, court typically look to:

Answer 373

1. Length of the relationship
2. The child’s needs AND
3. Parent’s motives

Question 374

Child custody can mean either _____ or ____ custody of a child.

Answer 374

Legal

Physical

Question 375

What is legal custody of a child?

Answer 375

The right to make major decisions that affect the child’s life

Question 376

What is physical custody of a child?

Answer 376

Actual possession and control of the child

Question 377

Custody and visitation disputes are governed by the court’s determination of _________.

Answer 377

The child’s best interest

Question 378

A child’s legal parent is presumptively entitled to custody because:

Answer 378

1. Parental rights are protected by common-law and constitutional principles AND
2. Parental custody is typically consistent with a child’s best interest

Question 379

What factors are considered for determining the best interests of a child in regards to custody?

Answer 379

1. Wishes of the parents
2. Wishes of the child
3. Residential/relational continuity AND
4. Physical/mental health of all individuals involved

Question 380

The wishes of the child are considered in terms of custody as part of the best interests conversation, but only _______.

Answer 380

For older children, typically 12+

Question 381

In regards to custody determination, residential and relational continuity, what is considered?

Answer 381

1. Child’s relationship with each parent, siblings & others
2. Child’s adjustment to the home, school, & community

Question 382

What factors will a court NOT consider in its determination of proper custody?

Answer 382

1. One parent’s misconduct toward the other
2. Religious beliefs
3. Primary caregiver status

Question 383

If sole physical custody is granted, the other parent must typically be given ___________.

Answer 383

Reasonable visitation rights

Question 384

A parent’s right to reasonable visitation is independent of ____________.

Answer 384

Child support obligations

Question 385

____________ cannot be withheld because a parent failed to pay child support obligations.

Answer 385

Visitation

Question 386

Limitations on parental visitation rights may be imposed for ________.

Answer 386

Misconduct

Question 387

A move sought in good faith that will _____________ will ordinarily be granted.

Answer 387

Serve the child’s best interests

Question 388

If one parent seeks to move with a child and the other parent objects, there is increasing leniency toward which parent?

Answer 388

Parent with whom the child has primarily living

Question 389

What decision-making standards will be used to judge parental relocation requests that inhibit visitation with the noncustodial parent?

Answer 389

1. Child’s best interest
2. Legitimate purpose, and the move is reasonable in light of that purpose
3. Harm to the child
4. Relocating parent’s vindictive motive
5. Reasonable alternative visitation schedule after relocation

Question 390

If there is a relocation request and the other parent opposes, but it is a joint custody case, standards are more protective of which parent?

Answer 390

Parent who is not relocating

Question 391

In states that put the burden of proof on a relocating custodial parent to show that a move serves the child’s best interests, the parent must additionally show that the move is:

Answer 391

1. For some legitimate purpose AND
2. Reasonable in light of that purpose

Question 392

In states that put the burden of proof on a objecting parent to show that a move does not serve the child’s best interests, the parent must additionally show that:

Answer 392

1. Move is harmful to the child OR
2. Relocating parent’s motive is vindictive

Question 393

What is the remedy for violation of visitation orders?

Answer 393

Contempt

Question 394

If there is a consistent and willful denial of visitation rights, the court may ______.

Answer 394

Modify the custody and visitation arrangement

Question 395

In awarding joint custody, the most important factor to consider is:

Answer 395

The capacity of the parents to:
1. Communicate AND
2. Reach shared decisions affecting the child’s welfare

Question 396

What general factors will a court consider in awarding joint custody?

Answer 396

1. Fitness of both parents
2. Whether parents agree to joint custody
3. Parents’ ability to communicate/cooperate concerning child’s wellbeing
4. Preference of the child
5. Level of involvement of both parents in child’s life
6. Geographical proximity of the homes
7. Effect on child’s psychological development
8. Parents’ ability to carry out the joint custody order

Question 397

If parents agree to joint custody, the court will generally grant it unless ______.

Answer 397

Joint custody is not in the best interests of the child

Question 398

If parents do not agree to joint custody, a court may not order such an arrangement unless __________.

Answer 398

It finds that this arrangement is in the child’s best interest

Question 399

What does UCCJEA stand for?

Answer 399

Uniform Child Custody Jurisdiction & Enforcement Act

Question 400

The UCCJEA was enacted with what purpose?

Answer 400

1. Avoid jurisdictional competition and conflicts with courts of other states in matters of child custody AND
2. Facilitate the enforcement of custody decrees of other states

Question 401

A court has jurisdiction over child custody to make an initial custody determination only if:

Answer 401

1. Home State Jurisdiction OR
2. Significant Connection Jurisdiction

Question 402

A state has temporary emergency jurisdiction if:

Answer 402

1. Child is present in the state AND
2. There is abandonment or abuse

Question 403

When is there default jurisdiction for child custody issues?

Answer 403

1. No other states has jurisdiction (or the state w/ jurisdiction declined to exercise it) AND
2. It is in the best interest of the child for the court to assert jurisdiction

Question 404

A court may decline jurisdiction of a custody case if:

Answer 404

1. Inconvenient forum and another state would be better OR
2. Person seeking jurisdiction engaged in unjustifiable conduct

Question 405

Courts can appoint ________ or _________ to protect the child’s interest in a custody dispute.

Answer 405

Counsel

Guardian ad litem

Question 406

A state that properly issued a custody decree retains exclusive and continuing jurisdiction unless:

Answer 406

1. All parties and the child have left the state OR
2. No longer any significant connection between child and person remaining in the state AND substantial evidence is no longer available

Question 407

What are the intrastate tools for enforcement for child custody?

Answer 407

1. Contempt proceedings
2. Suits in equity

Question 408

What are the interstate tools for enforcement for child custody?

Answer 408

1. Parental Kidnapping Prevention Act
2. Uniform Child Custody Jurisdiction & Enforcement Act

Question 409

When is modification of a custody order permitted?

Answer 409

Throughout the child’s minority BUT

Only when substantial and unforeseen change in circumstances AND

Change will serve child’s best interests

Question 410

When is modification of a custody order permitted?

Answer 410

Throughout the child’s minority BUT

Only when substantial and unforeseen change in circumstances AND

Change will serve child’s best interests

Question 411

Most states disfavor modication of a custody arrangement that is sought shortly after ________.

Answer 411

Custody decree is entered

Question 412

Most states disfavor modication of a custody arrangement that is sought shortly after ________.

Answer 412

Custody decree is entered

Question 413

When might change in circumstances be sufficiently substantial and unforeseen as as to justify modification of a custody arranagement?

Answer 413

1. Parent’s physical relocation significantly impairs other parent’s opportunity to exercise custody/visitation rights
2. Custodial parent’s post-decree non-marital cohabitation
3. Change will serve child’s best interests

Question 414

Who has the burden of proof in a case regarding modification of a custody order?

Answer 414

Party seeking modification

Question 415

What is the PKPA?

Answer 415

Parental Kidnapping Prevention Act

Question 416

The federal PKPA governs _________.

Answer 416

Interstate modification of a child custody order

Question 417

The federal PKPA provides that a state may not modify a custody decree issued by another state if:

Answer 417

1. Either the child or any party continues to reside in the issuing state AND
2. Issuing state’s courts don’t decline to exercise jurisdiction

Question 418

What is Home State Jurisdiction for the purposes of determining initial child-custody jurisdiction?

Answer 418

Home state of the child:
1. W/in six months before commencement of proceeding OR
2. On date of commencement of proceeding

Question 419

What is Significant Connection Jurisdiction for the purposes of determining initial child-custody jurisdiction?

Answer 419

1. The child AND
2. At least one contestant

…have a significant connection with the state

Question 420

Under the UCCJEA, a state that ___________ retains continuing, exclusive jurisdiction.

Answer 420

Properly issued a custody decree

Question 421

In a custody case between two parents, the standard is _________.

Answer 421

Best interest of the child

Question 422

Who is presumptively entitled to custody against a nonparent?

Answer 422

A child’s fit legal parent

Question 423

In most jurisdictions, to rebut the presumption favoring custody in the legal parent, a third party must show. that _________.

Answer 423

Awarding custody to the legal parent will be detrimental to the child

Question 424

Before a fit parent’s visitation decision becomes subject to judicial review, the court must accord at least some special weight to __________.

Answer 424

The parent’s own determination

Question 425

In some states, statutes authorize courts to order visitation for a nonparent who has a substantial relationship with a child if __________.

Answer 425

Visitation is in the child’s best interest

Question 426

Statutes that permit any person to visitation of a child without ____________, even if they consider the child’s best interests, are unconstitutional

Answer 426

Giving any deference at all to the parent’s decision

Question 427

States do NOT have to give deference to fit parents’ visitation decisions if the nonparent:

Answer 427

1. Lived with the child AND
2. De facto parent

Question 428

A child has one legal ____ and one legal ____.

Answer 428

Mother

Father

Question 429

Being a ______ parent is not sufficient for increased visitation rights.

Answer 429

Biological

Question 430

What effect does adoption have on visitation rights under the majority view?

Answer 430

Court may not order visitation for a biological parent

Question 431

What effect does adoption have on visitation rights under the minority view?

Answer 431

Visitation rights allowed for nonparent with substantial relationship with a child when visitation is in the child’s best interests

Question 432

What are the three main approaches to the distribution of property upon divorce or dissolution?

Answer 432

1. Equitable division of marital property
2. Equitable division of all property
3. Community property

Question 433

What is equitable division of marital property?

Answer 433

In a majority of states, “marital” property is divided between spouses, but “separate property” remains the property of the owning spouse

Question 434

Jurisdictions that use equitable division of all property upon marital divorce or dissolution are also known as ______ jurisdictions.

Answer 434

Hotchpot

Question 435

What happens in jurisdictions that use equitable division of all property upon divorce or marital dissolution?

Answer 435

Court may divide all assets no matter how they were acquired

Question 436

How is property divided in community property?

Answer 436

All property other than separate property acquired during marriage is:
1. Community property AND
2. Split 50/50 upon divorce/dissolution

Question 437

In most states, _______ property remains the property of the owning spouse

Answer 437

Separate

Question 438

What is separate property?

Answer 438

1. Owned prior to marriage
2. Brought into the marriage via gift, will, or inheritance
3. Rents, issues, and profits of other separate property

Question 439

The fact that a separate asset appreciates in value during the marriage doesn’t transform it into marital property unless _______.

Answer 439

Other spouse made significant efforts during the marriage to enhance its value/build equity

Question 440

An asset that is initially separate property may be transformed into marital property via:

Answer 440

1. Mixing SP with marital property to the extent that SP is no longer traceable
2. Titling SP in the name of both spouses OR
3. Marital funds enhance value or build equity

Question 441

In all states, marital property is divided upon divorce without regard to _________-.

Answer 441

How that property is legally titled

Question 442

Jurisdiction over the division of marital property upon divorce is ______ jurisdiction.

Answer 442

In personam

Question 443

How is marital property defined?

Answer 443

All other property other than separate property acquired during marriage

Question 444

All property acquired with funds that are ______________ is considered marital property.

Answer 444

Earned by a spouse during marriage

Question 445

The product of a spouse’s ____ and ____ during marriage is ordinarily considered marital property.

Answer 445

Efforts

Skills

Question 446

An increase in the value of a premarital asset resulting from _________ is divisible.

Answer 446

Significant spousal effort during marriage

Question 447

In the majority of states, marital property continues to accrue until __________.

Answer 447

A final divorce decree is entered

Question 448

In a minority of states, marital property continues to accrue until:

Answer 448

1. After the date of permanent separation OR
2. Date of divorce filing

Question 449

What factors are relevant to the court deciding the disposition of marital property?

Answer 449

1. Party circumstances
2. Marriage duration
3. Age/health of parties
4. Income/earning capacity of parties
5. Value of SP
6. Origin of property
7. Custody/child support
8. Homemaker’s services
9. Alimony/maintenance obligations
10. Tax consequences
11. Dissipation of marital assets
12. Market value and emotional value of marital assets
13. Conduct of each spouse during the marriage
14. Liens, encumbrances, & debts
15. Any other relevant factor

Question 450

The circumstances of the parties, as considered for the division of property, includes the parties’ standard of _________.

Answer 450

Living

Question 451

A marriage that lasts ___________ is a clear short-term marriage.

Answer 451

Five years or less

Question 452

At the end of a clear short-term marriage, what will the courts attempt to do?

Answer 452

Return the parties to their positions upon entering the marriage

Question 453

After the end of a short-term marriage, a court may forego _________.

Answer 453

Consideration of statutorily enumerated factors

Question 454

If a marriage lasts between ____ and ____ years, the court may determine whether the marriage is clearly long or short term.

Answer 454

Five

Thirty

Question 455

A marriage that lasts _____ years or more is clearly a long-term marriage.

Answer 455

30

Question 456

Where a marriage is a clear long-term marriage, marital property should be divided in such a manner as to __________.

Answer 456

Put the parting spouses in the same economic position they would enjoy had there been no dissolution

Question 457

What are homemaker’s services?

Answer 457

Domestic contributions by each party to the marriage

Question 458

Some equitable distribution states have a presumption that a homemaker’s contribution is equal to _______.

Answer 458

A breadwinner’s

Question 459

What is dissipation?

Answer 459

Use of marital property for the sole benefit of one of the spouses for a purpose unrelated to marriage at a time that the marriage is undergoing an irreconcilable breakdown

Question 460

In virtually all states, _______ fault is relevant to property distribution.

Answer 460

Economic

Question 461

How many states allow marital misconduct to affect property division or alimony?

Answer 461

Only about half

Question 462

Of the states that permit consideration of marital misconduct, about half restrict its use to _____________.

Answer 462

Alimony determination

Question 463

Are pensions considered marital property?

Answer 463

Only the portion earned during marriage

Question 464

Are professional degrees/licenses considered marital property?

Answer 464

No

Question 465

Are stock options considered marital property?

Answer 465

Yes, if they are earned during marriage

Question 466

Are personal injury awards from torts considered marital property?

Answer 466

Yes, if cause of action accrues
1. Between marriage AND
2. Before final separation

Question 467

Alimony is also known as _______.

Answer 467

Maintenance

Question 468

Who has jurisdiction over alimony cases?

Answer 468

State with minimum contracts with the party

Question 469

The state where a divorce is granted will only have jurisdiction over the alimony case if ____________.

Answer 469

The state also has personal jurisdiction over the D spouse in an alimony suit

Question 470

Under the Uniform Divorce & Marriage act (and traditional law), a court may grant alimony for either spouse only if it finds that the spouse seeking alimony:

Answer 470

1. Lacks sufficient property to provide for her reasonable needs AND
2. Unable to support herself through appropriate employment

Question 471

What are the modern factors used to determine the amount of alimony that may be granted?

Answer 471

1. Duration of the marriage
2. Standard of living during marriage
3. Age of the parties
4. Physical & mental condition the parties
5. Contribution of each party to the marriage
6. Employability
7. Ability to meet own needs

Question 472

In many states, spouses are considered ot be in need of alimony if their income is insufficient to maintain a _____ standard of living, rather than a ______ standard of living.

Answer 472

Marital

Modest

Question 473

The calculation that determines whether someone receives alimony may - depending on the state - also include any ____ or _____ sacrifices made by one spouse on behalf of the other to support children or the other spouse’s career.

Answer 473

Career

Financial

Question 474

In evaluating a spouse’s contributions to a marriage, a court may consider negative as well as positive actions. Negative actions might include:

Answer 474

Spouse’s:
1. Failure to make economic/noneconomic contributions AND
2. Misuse/dissipation of marital funds

Question 475

What factors should not be included in determining the appropriate amount of alimony to grant?

Answer 475

1. Marital fault
2. Gender

Question 476

What are the four types of alimony?

Answer 476

1. Permanent periodic spousal support
2. Lump sum
3. Rehabilitative spousal support
4. Reimbursement spousal support

Question 477

What is permanent periodic spousal support?

Answer 477

Paid regularly for lifetime of the recipient

Question 478

Permanent alimony is seldom awarded except in the case of:

Answer 478

1. Long-term marriage AND
2. Significant, long-term gap between the husband’s and wife’s economic prospects

Question 479

When is permanent alimony modifiable?

Answer 479

When there is a:
1. Substantial AND
2. Actual
…change in circumstances

Question 480

When will permanent alimony be terminated?

Answer 480

1. Death of either spouse
2. Remarriage of recipient spouse

Question 481

Can there be alimony from annulment?

Answer 481

No

Question 482

Traditionally, what effect would annulment of a later marriage have on permanent alimony?

Answer 482

None; there was technically no marriage, so there was nothing to break off alimony

Question 483

Traditionally, what effect would annulment of a later marriage have on permanent alimony?

Answer 483

Alimony entitled terminated by a subsequently annulled marriage remain terminated

Question 484

In addition to typical grounds for terminating alimony, some states also allow termination for ___________ with the opposite sex.

Answer 484

Cohabitation

Question 485

How is lump sum alimony payable?

Answer 485

1. All at once OR
2. In periodic payments

Question 486

Can lump sum alimony by modified?

Answer 486

No

Question 487

How is lump sum alimony affected by the death of either spouse?

Answer 487

Survives

Question 488

How is rehabilitative spousal support paid?

Answer 488

Regularly for a limited period of time

Question 489

What is rehabilitative spousal support?

Answer 489

Temporary support:
1. At a sufficient level AND
2. For sufficient time
…to enable the spouse to
1. Update her education (or credentials) AND
2. Reestablish her career

Question 490

When is rehabilitative spousal support modifiable?

Answer 490

If there is a substantial change in circumstances

Question 491

When does rehabilitative spousal support terminate?

Answer 491

1. Spouse reaches intended level
2. Death of either spouse OR
3. Remarriage of recipient spouse

Question 492

What is reimbursement spousal support?

Answer 492

Payments to a spouse who supported the other while the other obtained a professional license or degree

Question 493

How is reimbursement spousal support payable?

Answer 493

1. All at once OR
2. In periodic payments

Question 494

Is reimbursement spousal support modifiable?

Answer 494

No

Question 495

What effect does the death of a spouse have on reimbursement spousal support?

Answer 495

The award survives

Question 496

If the divorce/separation agreement was executed or modified on/after ___________ the receiving spouse does not have to pay taxes on alimony checks.

Answer 496

January 1, 2019

Question 497

Divorce/separation agreements executed before 2019 make alimony subject to tax.

How was it taxed?

Answer 497

Alimony payments included in gross income

Question 498

______ or ______ parents have a duty to support their children.

Answer 498

Biological

Adjudicated

Question 499

A third party may be estopped from disclaiming parental responsibilities when:

Answer 499

1. Nonparent consent to act as a parent AND
2. The child’s interests would be harmed by terminating parental relationship

Question 500

What factors are considered when determining the amount of child support to award?

Answer 500

1. Parents’ capacity to pay
2. The parents’ income
3. The needs of the children

Question 501

How does high income affect child custody?

Answer 501

Court consider the level of luxury that was characteristic of the marriage/family life prior to divorce

Question 502

A court has personal jurisdiction over nonresident spouses for child custody determinations if the parent:

Answer 502

1. Engaged in sexual intercourse in state AND
2. Child may have been conceived by that act of intercourse

Question 503

The duty of a parent to pay child support is independent of a parent’s ______ rights.

Answer 503

Visitation

Question 504

State laws that base the existence of child support obligations on the parents’ _______ status violate the Equal Protection Clause.

Answer 504

Marital

Question 505

How is the duty to provide child support terminated?

Answer 505

1. Emancipation of the child
2. Termination of parental rights
3. Employable children who disobey reasonable parental commands OR
4. Death of the supporting parent

Question 506

When will emancipation NOT terminate the duty to provide child support?

Answer 506

In some states, divorced parent may be required to provide for the education of a child over the age of majority

Question 507

How does taxation affect child support payments?

Answer 507

1. Not included as income of custodial spouse AND
2. Not deductible by the payor parent

Question 508

Alimony can only be modified if there is substantial change in circumstances that significantly reduces:

Answer 508

1. Needs of recipient spouses OR
2. Ability of payor spouse to pay

Question 509

Child support can only be modified if there is a substantial change in circumstances that significantly reduces:

Answer 509

1. Needs of the child OR
2. Ability of parent to pay

Question 510

Courts will generally find that a significant income reduction represents a substantial change warranting a change for child support only if the reduction was ___________.

Answer 510

Involuntarily

Question 511

A significant voluntary income reduction will only lead to court alteration of child custody if:

Answer 511

1. Reduction was made in good faith AND
2. Not for the purpose of
   a. Depriving the child OR
   b. Punishing the custodial parent

Question 512

A change in income can be grounds for modifying child support even if the change is ___________.

Answer 512

Temporary

Question 513

Even if a voluntary income reduction was made in good faith and not for the purpose of depriving the child or punishing the custodial parent, some courts may not approve downward modification in child support amounts if __________

Answer 513

the reduction would constitute a “significant hardship” to the children

Question 514

Even poor obligors who ___________ are typically required to make token child support payments.

Answer 514

Whose income fails below a value that the state deems essential for self-support

Question 515

The issuing state may not retroactively modify child support because _____________.

Answer 515

Federal law forbids retroactive modification in all circumstances

Question 516

The obligation to pay ___ and ____ installments of child support may not ordinarily be modified.

Answer 516

Accrued

Unpaid

Question 517

Evidence of nonpaternity will not typically modify child support, even if it was part of the divorce settlement, because ___________

Answer 517

In addressing an issue covered in divorce, a motion for modifying child support would be a direct attack on a divorce judgment

Question 518

At modern law, courts are beginning to show sympathy to erroneously identified fathers because of ____________.

Answer 518

The manifest injustice of requiring someone to support a child who is scientifically proven not to be theirs

Question 519

What intrastate tools are used to enforce awards of child support?

Answer 519

1. Contempt
2. Judgment against noncomplying party
3. Seizure of assets & garnishment of wages
4. Order for payment of attorney’s fees

Question 520

Willful failure to pay child support will result in _________.

Answer 520

Criminal contempt

Question 521

Interstate enforcement/modification of both alimony and child support is governed by __________.

Answer 521

Uniform Interstate Family Support Act

Question 522

What does UIFSA stand for?

Answer 522

Uniform interstate family support act

Question 523

What interstate tools are used to enforce awards of child support?

Answer 523

1. Registration of support order with other state
2. Mailed to enforcement agency in obligor’s state or obligor’s out-of-state employer

Question 524

A non-issuing court of a child support order unless:

Answer 524

1. Parties no longer reside in issuing jurisdiction OR
2. Parties consent in record to non-issuing court’s assertion of jurisdiction to modify

Question 525

When may a prospective gestational mother, her husband, or either of the intended parties terminate a gestational agreement?

Answer 525

1. After agreement is validated AND
2. Before prospective gestational mother becomes pregnant

Question 525

A non-issuing state may not retroactively modify the child support order because _____________.

Answer 525

Federal law forbids retroactive modification in all circumstances