Exam 2

A  any of these

B  remarriage of the recipient

C  none of these

D  death of the recipient

E  death of the payor

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

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

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

D  The payor quits his or her job.

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

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

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  Its primary purpose is to punish a blameworthy spouse.

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

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

D  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.

A  legal separation actions

B  divorce actions

C  child care and protection actions

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

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

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

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

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

B  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.

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

D  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

A  increased.

B  not discharged.

C  reduced.

D  discharged.

A  assistance in locating absent parents

B  all of these

C  enforcement of support awards

D  periodic review of child support awards

E  establishment of paternity when necessary

A  civil contempt

B  credit clouding/reporting

C  tax refund intercepts

D  income withholding

E  passport denial

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 for the benefit of the children and not her.

C  Child support is driven by state guidelines.

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 file a complaint for modification of the custody order.

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

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

A  parental smoking

B  the child’s preference

C  the custodial parent’s sexual preference

D  a documented history of domestic violence

A  sexual preference

B  gender

C  race

D  stability

E  religion

A  Derek based on the primary caretaker presumption.

B  Kristen based on the tender years presumption.

C  Derek based on the paternal preference rule.

D  Derek based on the significant contacts test.

A  best interest of the child

B  tender years doctrine

C  maternal preference

D  paternal preference

E  approximation rule

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  Oklahoma based on emergency jurisdiction.

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

D  Oklahoma as the child’s home state.

A  a co-parenting agreement.

B  split custody.

C  joint custody.

D  all of the above.

A  split custody.

B  joint custody.

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

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

A  joint physical custody.

B  joint legal custody.

C  split custody.

D  individual decision making authority.

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

B  order the husband to cease all discovery

C  seek a protective order

D  request a discovery conference

A  request for admissions

B  depositions

C  request for production of documents or things

D  interrogatories

A  request for admissions

B  request for production of documents or things

C  interrogatories

D  deposition

A  requests for physical or mental examinations

B  electronic discovery

C  depositions

D  interrogatories

A  financial and nonfinancial contributions to the marriage.

B  dissipation of marital assets.

C  parenting history, skills and weaknesses.

D  financial assets and liabilities.

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  venue

C  in rem jurisdiction

D  subject matter jurisdiction

A  home state

B  jurisdiction

C  residence

D  domicile

A  direct negotiation

B  pretrial conferencing

C  arbitration

D  mediation

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

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

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

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