Statutes Flashcards

1
Q

FC 217

A

Live testimony at hearing

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2
Q

FC 218

A

Reopen discovery post-judgment

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3
Q

FC 270

A

AF - Court must determine whether a party has, or is reasonably likely to have, the ability to pay

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4
Q

FC 271

A

AF- Conduct based fees or costs

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5
Q

FC 290

A

Enforcement of Judgment or Order via

  • Execution
  • Receiver
  • Contempt
  • Or any other order in TC discretion as necessary
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6
Q

FC 721

A

Fiduciary Relationship between H and W

  • “confidential relationship imposes a duty of the highest good faith and fair dealing on each spouse”
  • 16403, 16404, and 16503 of CC Code
  • Access to books
  • Accounting
  • Hold as trustee any benefit recieved
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7
Q

FC 755

A

Notice of Interest in Employee retirement plan

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8
Q

FC 760

A

CP - Definition

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9
Q

FC 770

A

SP - Definition

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10
Q

FC 771

A

SP - Post DOS

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11
Q

FC 852

A

Transmutation is not valid unless made in writing by an express declaration by the spouse whose interest in the property is adversely affected
- Post 1/1/85

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12
Q

FC 910

A

CP liability for debt of either spouse

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13
Q

FC 920

A

Right of reimbursement

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14
Q

FC 915

A

Liability for support debt of prior family

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15
Q

FC 916

A

Liability after property division

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16
Q

FC 1100

A

Fiduciary duty re community personal property

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17
Q

FC 1101

A

Remedies for Breach of Fiduciary Duty

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18
Q

FC 1102

A

Management and Control of CP Real Property

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19
Q

FC 2010

A

Jurisdiction of the disso court

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20
Q

FC 2021

A

Authority for Joining Pensions

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21
Q

FC 2022

A

Eavesdropping evidence

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22
Q

FC 2024.6

A

Sealing of records ID’ing assets and liabilities

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23
Q

FC 2030

A

Pendente lite AF&C

24
Q

FC 2032

A

Factors re just and reasonable fee award

25
Q

FC 2033

A

FLARPL

- 15 days notice

26
Q

FC 2034

A

Objections to FLARPL

27
Q

FC 2045

A

Ex Parte Order

  • RE: CP, SP, QCP
  • DVRO
28
Q

FC 2060

A

Procedure re joinder of pension plan

29
Q

FC 2100

A

Policy re disclosure of assets and liabilities

30
Q

FC 2102

A

FD from DOS to Date of Distribution
- Full, accurate disclosure
- Investment opportunity
-

31
Q

FC 2104

A

Preliminary Declaration of Disclosure

- 60 Days

32
Q

FC 2105

A

Final Declaration of Disclosure

- No later than 45 days before the 1st trial date

33
Q

FC 2108

A

Authority to liquidate CP assets pendent lite

34
Q

FC 2122

A
Set aside FL Judgment
One year
-Actual fraud
- Perjury
- Duress
- Mistake
Two (2) years
- Mental incapacity
35
Q

FC 2320

A

Disso/legal separation residency requirement

36
Q

FC 2336

A

Proof required for default

37
Q

FC 2337

A

Bifurcation conditions

38
Q

FC 2346

A

Nunc pro tune entry of judgment

39
Q

FC 2550

A

Equal division of CP

40
Q

FC 2552

A

Valuation Date

- Time of trial unless good cause shown for period after separation to equalize division of CP

41
Q

FC 2556

A

Post-J Jx to distribute omitted asset

42
Q

FC 2580

A

Legislative intent re jointly held property

43
Q

FC 2581

A

Presumption that jointly held property is CP

44
Q

FC 2601

A

Award of asset to one party

45
Q

FC 2603.5

A

Enforcement of civil damages against CP for DV

46
Q

FC 2610

A

Retirement plan benefits division

47
Q

FC 2640

A

Reimbursement of SP contributions

48
Q

FC 2641

A

Reimbursement of CP contributions to education

49
Q

FC 2650

A

Authority to divide jointly held SP

50
Q

FC 3011

A

CBI Factors

Health, safety, welfare of the child; any history of abuse and the nature and amount of contact with both parents

51
Q

FC 3020

A

Policy re frequent and continuing contact with both parents

52
Q

FC 3027.1

A

Sanctions for false child abuse accusation

53
Q

FC 3040

A

Order of preference when granting custody

54
Q

FC 3041.5

A

Drug/alcohol testing in custody proceedings

55
Q

FC 3042

A

Child’s preference