Exam 2

A  remarriage of the recipient

B  death of the recipient

C  none of these

D  any of these

E  death of the payor

A  A change in circumstances occurs that makes the original order unfair.

B  It is a lump sum or rehabilitation award rather than a term alimony award.

C  The payor quits his or her job.

D  The cost of living goes up in the area where either of the parties lives.

A  The fundamental question considered by the courts is does one of the parties have a need for continuing financial support that the other party has an ability to pay?

B  Contributions to the marriage as a homemaker will not be considered because they are too difficult to calculate.

C  Courts in all states will give considerable weight to marital infidelity as a factor.

D  Alimony will not be awarded by courts unless the marriage is considered a long term marriage (longer than 15 years).

A  Alimony awards have decreased in number but increased in duration.

B  It is viewed primarily as an economic event designed to enable a dependent spouse to obtain skills, enter or reenter the workforce, and become self-sufficient.

C  It is never awarded in the context of a no-fault divorce.

D  Its primary purpose is to punish a blameworthy spouse.

A  paternity actions

B  child care and protection actions

C  divorce actions

D  legal separation actions

E  all of the above

A  Although she can still work at her job, Andrea has developed a respiratory condition and seeks a deviation on that basis.

B  The court is likely to consider each of these a sufficient ground to warrant a deviation.

C  None of these is sufficient to warrant a deviation from the guidelines amount.

D  Andrea has recently remarried and her new husband has a child they are raising.

E  The daughter has been accepted at a very expensive college and Andrea considers this an extraordinary expense.

A  A step-parent owes a duty of child support to step-children he or she has adopted.

B  Child support refers to a parent’s legal obligation to contribute to the economic maintenance of a child until the age of majority, emancipation, or some other circumstance specified by a court

C  A parent’s duty to support his or her child may continue even if the child is in the custody of a governmental agency such as a residential treatment program.

D  A parent’s child support obligation automatically terminates when the child reaches the age of majority in every state.

A  increased.

B  reduced.

C  not discharged.

D  discharged.

A  assistance in locating absent parents

B  enforcement of support awards

C  all of these

D  periodic review of child support awards

E  establishment of paternity when necessary

A  civil contempt

B  passport denial

C  credit clouding/reporting

D  tax refund intercepts

E  income withholding

A  Child support is driven by state guidelines.

B  Child support is for the benefit of the children and not her.

C  The formula for calculating child support commonly takes into account the number of children, child care costs, and the income of the noncustodial parent.

D  She is unlikely to be awarded much child support because her relationship with her boyfriend caused the breakup of her marriage.

A  Susan should stop allowing Len to visit with Melody because he does not comply with the parties’ agreed upon and court ordered visitation schedule.

B  Susan should file a complaint for modification of the custody order.

C  Susan should stop allowing Len to visit with Melody because he is delinquent in child support payments.

D  Len should file an action for a decrease in child support.

A  a documented history of domestic violence

B  parental smoking

C  the child’s preference

D  the custodial parent’s sexual preference

A  sexual preference

B  race

C  gender

D  religion

E  stability

A  Derek based on the paternal preference rule.

B  Derek based on the significant contacts test.

C  Derek based on the primary caretaker presumption.

D  Kristen based on the tender years presumption.

A  paternal preference

B  best interest of the child

C  approximation rule

D  maternal preference

E  tender years doctrine

A  UCCJA

B  UCCJEA

C  The PKPA

D  The Hague Convention

A  California because that is the state where Roberto plans to file for divorce as a last resort.

B  California because that state has the most significant connection to the couple because they married there and their child was born there.

C  Oklahoma based on emergency jurisdiction.

D  Oklahoma as the child’s home state.

A  a co-parenting agreement.

B  joint custody.

C  split custody.

D  all of the above.

A  whichever custody arrangement the parties require in their separation or parenting agreement.

B  split custody.

C  legal custody to one parent, physical custody to the other.

D  joint custody.

A  joint physical custody.

B  split custody.

C  individual decision making authority.

D  joint legal custody.

A  order the husband to cease all discovery

B  seek a protective order

C  request that the court sanction the husband for his tasteless behavior

D  request a discovery conference

A  interrogatories

B  request for admissions

C  depositions

D  request for production of documents or things

A  request for production of documents or things

B  deposition

C  interrogatories

D  request for admissions

A  depositions

B  interrogatories

C  electronic discovery

D  requests for physical or mental examinations

A  parenting history, skills and weaknesses.

B  dissipation of marital assets.

C  financial assets and liabilities.

D  financial and nonfinancial contributions to the marriage.

E  none of the above.

F  all of the above.

A  publication in a newspaper and mailing to a nonresident defendant’s last known address.

B  personal service on a nonresident defendant while he or she is physically present in the jurisdiction.

C  actual service over a defendant domiciled in the state.

D  establishing that a nonresident defendant has sufficient minimum contacts with the state under its long-arm statute.

A  subject matter jurisdiction

B  venue

C  in rem jurisdiction

D  personal jurisdiction

A  home state

B  domicile

C  residence

D  jurisdiction

A  arbitration

B  mediation

C  pretrial conferencing

D  direct negotiation

A  initial interview, negotiation, Answer, Complaint, separation agreement, trial, decree.

B  initial interview, discovery, Complaint, separation agreement, Answer, trial, decree.

C  discovery, Complaint, Answer, temporary orders, negotiation, permanent orders, separation agreement, trial, decree.

D  initial interview, Complaint, Answer, discovery, separation agreement, hearing, decree.