Family Law Essay Questions

Question 1

A premarital agreement is enforceable if:

Answer 1

there has been full disclosure, the agreement is fair and reasonable, and it is voluntary

Question 2

Under the UPAA, the party against who enforcement of a premarital agreement is sought must:

Answer 2

prove (1) involuntariness or (2) both unconscionability at the time of execution and lack of disclosure and adequate knowledge of the other’s assets and obligations

Question 3

Full disclosure requires:

Answer 3

disclosure of all income, assets, and liabilities of both parties

Question 4

Entering into a contract voluntarily:

Answer 4

generally means there was no fraud, duress, or misrepresentation; courts will consider factors such as time-pressure, the parties’ previous business experience, and the opportunity to be represented by independent counsel

Question 5

The objective of equitable distribution (majority):

Answer 5

is to order fair distribution of marital property, taking into consideration all of the circumstances between the parties

Question 6

Marital property is:

Answer 6

all property acquired during the marriage and is subject to equitable distribution

Question 7

Whether appreciation in the nonmarital property will be subject to equitable distribution:

Answer 7

will depend on whether the appreciation can be attributable to spousal labor

Question 8

Some factors courts consider in determining equitable distribution of marital property include:

Answer 8

length of the marriage; the age, health, earning potential, and needs of both spouses; the value of separate property; the spouses’ standard of living and economic circumstances of each spouse at time of divorce

Question 9

When can separation agreements be invalidated, in whole or in part?

Answer 9

If the court makes a finding of fraud or unconscionability; the contract or party of the contract at issue must have been offensive at the time it was made

Question 10

When is a contract unconscionable?

Answer 10

When it is so unfair to one party that no reasonable person in the position of the parties would have agreed to it; also may be applied to prevent unfair suprise

Question 11

When can a property division award be modified after a divorce decree?

Answer 11

Never

Question 12

When can spousal support awards be modified?

Answer 12

Based upon a significant change in a party’s circumstances.

Question 13

Courts have traditionally been loath to:

Answer 13

modify an established parent-child relationship, citing the child’s best interest as a reason to deny admission of evidence of non-paternity or to deny a motion to disestablish paternity

Question 14

Some states have recently recognized:

Answer 14

the interests of erroneously identified fathers

Question 15

What is modification of a child support order governed by?

Answer 15

The Uniform Interstate Family Support Act (UIFSA)

Question 16

Pursuant to UIFSA, a state court:

Answer 16

does not have jurisdiction to modify an order of child support rendered by a court of another state IF the original state has continuing, exclusive jurisdiction

Question 17

The original state no longer has continuing, exclusive jurisdiction when:

Answer 17

the parties, including the child, no longer reside in that state or the parties expressly agree to another state’s jurisdiction

Question 18

Uniform Interstate Family Support Act does not apply to:

Answer 18

divorce-related property disputes

Question 19

State courts have subject matter jurisdiction over:

Answer 19

domestic relations issues; a petition to modify a property settlement related to divorce is a domestic relations issue

Question 20

The court may exercise personal jurisdiction over an individual:

Answer 20

if that person is voluntarily present in the state AND served with process while there

Question 21

Modification of child support:

Answer 21

may be made for the period while the cause of action is pending, but states cannot retroactively modify child support before the date of service of process

Question 22

When may a state prospectively modify a child support order?

Answer 22

When there is a substantial change in circumstances regarding the child’s needs or the parents financial situation

Question 23

Who has the burden of showing a substantial change in circumstances?

Answer 23

The parent requesting the child support modification

Question 24

When a parent voluntarily changes his employment:

Answer 24

Reduction in income along is not sufficient proof of substantial changes in circumstances

Question 25

Before deciding whether to modify a child support order, courts will consider:

Answer 25

the parent’s earning capacity and other factors surrounding the change.

Question 26

What is spousal support?

Answer 26

Obligation of one party to provide financial support to the other after divorce

Question 27

When can a court modify a spousal support order?

Answer 27

When a significant change in circumstances is shown

Question 28

A court hearing a family-related dispute:

Answer 28

Generally must have both subject matter jurisdiction and personal jurisdiction

Question 29

What is the purpose of the Uniform Child Custody Enforcement and Jurisdiction Act (UCCJEA)?

Answer 29

To prevent jurisdiction disputes with courts in other states on matters of child custody and requires the courts to have subject matter jurisdiction to enter custody orders if the state is the child’s home state

Question 30

For purposes of the Uniform Child Custody Enforcement and Jurisdiction Act, when is a state a child’s “home state?”

Answer 30

When the child has lived in that state with a parent or guardian for at least six consecutive moths prior to the custody proceeding

Question 31

When can a court decline jurisdiction?

Answer 31

If a party has wrongfully removed a child from another state

Question 32

Under the doctrine of divisible divorce:

Answer 32

a court may have sufficient jurisdiction to grant a divorce, but likely lacks jurisdiction with respect to other divorce related matters, such as property division, without personal jurisdiction over the other spouse

Question 33

A court may not exercise personal jurisdiction over a defendant unless:

Answer 33

the defendant has minimum contacts with the state in which the court sits and the exercise of jurisdiction would be fair and reasonable

Question 34

Fault grounds for divorce include:

Answer 34

adultery, cruelty, desertion, habitual drunkenness, bigamy, imprisonment, indignity, and mental disorder

Question 35

To prevail in fault based divorce on grounds of cruelty, most jurisdictions require:

Answer 35

Plaintiff demonstrate a course of conduct by the other party that is harmful to the plaintiff’s physical or mental health and that makes the continued cohabitation between the parties unsafe or improper - conduct must be serious and not be based on one isolated incident

Question 36

Physical custody is:

Answer 36

the right to have the child reside with the parent and provide for routine daily care and control of the child

Question 37

The standard for determining child custody is:

Answer 37

the best interests and welfare of the child - courts can also consider who the primary caretaker of the child was during the marriage and the separation, and prior to the divorce, as factors in determining who should have custody

Question 38

In awarding custody, nearly every jurisdiction requires the court to consider:

Answer 38

the presence of domestic violence between the parties when awarding custody and some jurisdictions have created rebuttable presumptions in favor of the nonabusive spouse