Multiple Choice Q's Flashcards
Children generally have a statutory duty to support their parents in VA if they meet the following conditions:
1) at least 18 years old
2) sufficient income after supporting family and
3) present, full time employment
Husband owned a residence before marriage. After marriage, he sold the residence and applied $100,000 of the proceeds to the purchase of stock in his name. Over the next five years, the stock increased in value to $150,000 due to economic factors. How much of the 150 is marital property?
$0. Passive appreciation in value of separate property during the marriage is separate property
Which of the following factor(s) will a Virginia court consider in determining the equitable distribution of marital property in a divorce action?
marital fault, tax consequences to each party, mental conditions of the parties
recrimination
countercharge in a suit for divorce based on fault that the complainant has been guilty of an offense constiting a fault-based ground for divorce of the same degree
True or False: The character of property as separate or marital property must be determined as of the date the property is acquired
True
Newly acquired commingled property is presumed to be marital property unless the property can be traced to its original classification by what standard of proof?
preponderance of the evidence
The parent child relationship between a child and a man may be established by scientifically reliable genetic tests, including blood tests, which affirm at least a ___% probability of paternity
98%
What law or statute provides the exclusive jurisdictional basis for making a child custody determination by a court in VA?
the uniform child custody jurisdiction and enforcement acct
Which of the following best states the standard used for division of marital property in Virginia
there is no presumption favoring a 50-50 division of property, instead the court must make an equitable distribution based on all the stauttory factors
parental rights may be terminated when the court has found a child to be neglected or abusedk on the ground of abandonment if established by
clear and convincing evidence
true or false: Although adoption is wholly stauttory in VA VA recognized both legal and equitabel adoptions
False
If the child-placing agency with custody of the child consents, a court must accept the petition of foster parents for the adoption of a child who has resided continuously in their home for at least ____ and whose parents’ parental rights have been terminated
6 months
At the time of the marriage, husband owned 50% of the stock of a closely held corporation. Over the course of the marriage, the stock, through Husband’s active efforts, increased from 231 to 449. At the timeof the divorce, assuming husband can trace ihis separate property interest how much would constitie marital property
$218,000.
if a child is ____ years or older, his consne tto an adoption will be necessary unless the court finds his best interests will be served by not asking for consent
14
if a child is ____ years or older, his consne tto an adoption will be necessary unless the court finds his best interests will be served by not asking for consent
14
