Exam 2

A  death of the payor

B  remarriage of the recipient

C  any of these

D  death of the recipient

E  none of these

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

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

C  The payor quits his or her job.

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

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

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

C  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?

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

C  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.

D  Its primary purpose is to punish a blameworthy spouse.

A  legal separation actions

B  divorce actions

C  paternity actions

D  child care and protection actions

E  all of the above

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

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

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

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

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

A  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.

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

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  discharged.

D  not discharged.

A  establishment of paternity when necessary

B  periodic review of child support awards

C  assistance in locating absent parents

D  all of these

E  enforcement of support awards

A  credit clouding/reporting

B  civil contempt

C  income withholding

D  passport denial

E  tax refund intercepts

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

B  Child support is driven by state guidelines.

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

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

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

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

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

A  the child’s preference

B  parental smoking

C  the custodial parent’s sexual preference

D  a documented history of domestic violence

A  religion

B  gender

C  sexual preference

D  race

E  stability

A  Derek based on the significant contacts test.

B  Kristen based on the tender years presumption.

C  Derek based on the primary caretaker presumption.

D  Derek based on the paternal preference rule.

A  approximation rule

B  best interest of the child

C  paternal preference

D  tender years doctrine

E  maternal preference

A  The PKPA

B  UCCJA

C  UCCJEA

D  The Hague Convention

A  Oklahoma based on emergency jurisdiction.

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

C  Oklahoma as the child’s home state.

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

A  a co-parenting agreement.

B  split custody.

C  joint custody.

D  all of the above.

A  split custody.

B  joint custody.

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

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

A  individual decision making authority.

B  joint legal custody.

C  joint physical custody.

D  split custody.

A  seek a protective order

B  request a discovery conference

C  order the husband to cease all discovery

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

A  request for admissions

B  request for production of documents or things

C  depositions

D  interrogatories

A  interrogatories

B  request for admissions

C  request for production of documents or things

D  deposition

A  electronic discovery

B  requests for physical or mental examinations

C  depositions

D  interrogatories

A  financial assets and liabilities.

B  dissipation of marital assets.

C  financial and nonfinancial contributions to the marriage.

D  parenting history, skills and weaknesses.

E  none of the above.

F  all of the above.

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

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

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

D  actual service over a defendant domiciled in the state.

A  personal jurisdiction

B  in rem jurisdiction

C  subject matter jurisdiction

D  venue

A  domicile

B  home state

C  jurisdiction

D  residence

A  arbitration

B  pretrial conferencing

C  direct negotiation

D  mediation

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

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

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

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