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Board Cert > Miscellaneous > Flashcards

Miscellaneous Flashcards

1
Q

Where do you file a HAGUE case?

A

Country where child is at the time

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2
Q

When does court enter directed verdict?

A

No evidence at all other side could win.

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3
Q

Security for alimony can’t exceed need. So, if you get full life insurance securing award plus right to pension, that’s a doble dip

A

No answer

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4
Q

W files for divorce on Tuesday. Also on Tuesday, she takes loan from line of credit. Is that loan marital or nonmarital?

A

NM - did it on DOF.

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5
Q

Colombian pilot case with MSA. What grounds did court find?

A

Coercion (NOT duress)

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6
Q

Personal injury funds - M or NM?

A

M until proven otherwise

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7
Q

H/W agree on imputation to W. Must court do own analysis?

A

No

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8
Q

What must be proven for stalking?

A

Substantial emotional distress and no legitimate purpose

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9
Q

H ordered to maintain exclusive use of home for kids. H pays mortgage. Is that CS?

A

Basically yes. Counts as income to W

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10
Q

Free card

A
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11
Q

Remember, temporary absesnces are okay for jurisdiction/home state.

A
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12
Q

W denies irretrievable break. What can court do?

A

Counseling
3 mo stay
Anything in best interests parties/child

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13
Q

Temp atty fees- mandatory or optional?

A

If requested, mandatory if well-pled.

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14
Q

In ED, if you want to unequal distribute and keep marital home for minor children, what must you say?

A

Equitable, BIC, financially feasible

*Can switch to other party if one can’t

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15
Q

What is the fraction in determining marital % of non-marital paydown?

A

Total payment of mortgage from marital funds
—————————————————————-
Value on DOM, purchase, or mortage (latest)

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16
Q

What goes into total marital portion of property like kaaa

A

Marital portion of passive
Mortgage paydown
Actiev appeciation

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17
Q

How do you get passive appreciation of NM property?

A

Value DOF - value DOM - active - other encumbrances = passive (total)

18
Q

What is burden to overcome gift presumption?

A

Clear and convincing

19
Q

Factors to get setoffs or credits from marital home?

A 
Exclusive use
Alimony covering home expenses
Child support coveringhome expenses
Value to party keeping home
Value loss by other party not keeping
Who gest mortgage interest/tax benefits
Capital gains
Anything else

(Support, value each, taxes, exclusive use)

20
Q

What are all ways to challenge prenup under UPAA?

A

Not voluntary
Fraud, duress, coercion, overreaching
Unconscionable AND lack of disclosure

21
Q

WHat are 3 ways to terminate/modify rehab alimony?

A

Substnatial change
Noncompliance
Completion plan

22
Q

When is durational alimony awarded?

A

When permanent is inappropriate.

23
Q

Standard to get permanent in:
Short
Moderate
Long

A

Short - exceptional
Mod - clear and convincing
Long- no other form fair/reasonable

24
Q

What MUST be in all PPs?

A

Daily tasks
Timesharing
Decisiosn on healthcafre, school, activities
Communication methods

25
Q

H isn’t givng mom her time. Must court award makeup?

A

YES, it MUST award makeup

May award fees, parenting course, community service, etc.

26
Q

H/W have timesharing. H is in rehab. Can he get TS in rehab?

A

No, if any sexual predators there.

Yes, during day time only. Nights (9pm-7am) only if BIC.

27
Q

For a supportive relationship, do you need to prove that H/W are intimate?

A

No

28
Q

H isn’t paying support but can work. What can court order him to do?

A

Get a job
File reports about getting a job
Do job training

29
Q

Parent not exercising timesharing. Is that sufficient to modify CS?

A

Yes, counts as substantial change

30
Q

M/F have kids and F pays child support. F has more kids after and gets 2nd job to support them. Remarries. Is his income discoverable? Is new wife’s?

A

Generally disregard H’s 2nd job if primary is to support new kids
New wife’s income is relevant to deviation from CS if H raises subsequent kids as reason not to modify

31
Q

What is definitiion of DV?

A

Any asstault, batery, stalking, kidnapping, or criminal offense resutling in injury or death between family/household members

32
Q

If Buzz and Jeff never lived together, can BUzz file for DV injunction?

A

NO, has to be spouses, related, maried and lived together

33
Q

When do you have standing to file DV injunction?

A

If you’re victim or have reaosnable cause to believe yo’re in imminent danger of becomign victim of act of DV

34
Q

H hits W, and W gets DV injunction. Court issues mutual DV injunctions. Response?

A

Improper, only grant W. No mutual protection orders

35
Q

What factors does court look at to determien if reasonable fear of DV?

A 
History of threats, harassment, abuse
Attempting to hurt
Threatened to hurt child 
Injured or killed family pet 
Threatened to use weapons
Any physical restraint in past
Criminal history fo violence
Destroyed property or phone or other things
36
Q

How do you determine value of goodwill?

A

Take FMV of value if to be sold (comparable sales) and then subtract net asset value and the rest is goodwill.

37
Q

What are 3 approaches to biz Val?

A

Asset
Comparable sales/market
Income

38
Q

What is asset approach and what are methods of doing it?

A

Look at balance sheet

Book value (not good cuz undervalues without looking at profit or FMV)

and adjusted book value (good)

39
Q

What’s the problem with book value when doing asset approach

A

Doesn’t account for profit
Doesn’t account for FMV of assets

40
Q

What is market approach and what are methods

A

Look at comparable sales of other businesses

Methods: EBIDTA

41
Q

What is EBIDTA

A

Earnings before interest, depreciation, taxes, amortization

42
Q

What is income approach and Methods

A

Look at cash flow and either discount or capitalize it

Capitalize: assume a percentage growth in years after to get to value

Discount: same but opposite

Board Cert (17 decks)

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