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Exam: 401737RR – Parenthood, Child Custody, Child and Spousal Support.

1. How is alimony treated under federal tax law?
A. Alimony is a tax-neutral event.
B. Alimony generally is deductible from the gross income of the payor, and is treated as taxable income to the payee.
C. Alimony is deductible from the gross income of the recipient, but only if the regulatory requirements are met.
D. Alimony is deductible from the gross income of both the payor and payee.

2. Which of the following is not a basis for personal jurisdiction over a nonresident defendant in a child support case?
A. In the past, the nonresident had sexual intercourse in the state and the child may have been conceived by that act.
B. The nonresident is personally served within the state.
C. In the past, the nonresident resided with the child in the state.
D. The nonresident has traveled through the state on many occasions.

3. Which of the following statements is true of traditional surrogacy?
A. The surrogate is artificially inseminated with the sperm of a man other than her husband.
B. The surrogate is genetically unrelated to the child, serving only as a “birth mother.”
C. The genetic parents may be the intended parents or gamete donors.
D. Traditional surrogacy doesn’t allow for any compensation to the surrogate.

4. Which of the following is not a currently acceptable legal doctrine for a court to use in making custody decisions?
A. The tender years doctrine
B. The approximation rule
C. The best interests of the child
D. The primary caretaker presumption

5. Which of the following sources of income is not susceptible to interception and withholding?
A. Social Security supplemental income
B. Federal tax refunds
C. State tax refunds
D. Unemployment compensation

6. Which of the following federal laws required states to implement income withholding and liens against property for collection of child support?
A. Personal Responsibility and Work Opportunity Reconciliation Act of 1996
B. Child Support Enforcement Amendments of 1984
C. Child Support Enforcement and Establishment of Paternity Act of 1974
D. Family Support Act of 1988

7. Which of the following is not generally required to be shown in order to seek modification of a custody order?
A. The change will be in the child’s best interests.
B. The original custody order was wrong.
C. The change has occurred since the entry of the decree and was not foreseeable.
D. There has been a substantial and material change in circumstances that affects the child’s welfare.

8. If a man holds himself out as the father of a child, and provides emotional and financial support,
A. the man cannot be ruled to be the father without proof of biological paternity, under the biology-plus rule.
B. there is a rebuttable presumption that the man is the father.
C. the man could be ruled to be the father of the child under the doctrine of res judicata.
D. the man could be ruled to be the father of the child under the doctrine of parenthood by estoppel.

9. Joe and Maria are divorced, with one child. Joe is a doctor and Maria is a teacher. Joe makes approximately 10 times what Maria makes. Because of bad feelings stemming from the divorce, Joe gives up his medical practice and takes a job as a bartender so he won’t be able to pay the considerable child support awarded to Maria as custodial parent. What is likely to happen when he applies to the court for a reduction in child support payments?
A. The court will average his income over the past two years to determine if the child support needs to be changed.
B. The court will refuse to change the payment amount, considering his previous income as a doctor as the basis for calculating
what he can pay.
C. The court will find him in contempt and send him to jail for 60 days.
D. The court will decrease the payment amount to a level that will be comfortable for him to pay with his reduced salary.

10. When a custodial parent applies for public assistance,
A. the state’s IV-D agency will collect and enforce support obligations thereafter.
B. the amount of public assistance becomes tax deductible.
C. the state’s IV-D agency will initiate proceedings to place any dependent children in foster care.
D. the noncustodial parent’s support obligation will be reduced by the amount of public assistance received.

11. The legal term standing means
A. the existing decision in a particular case.
B. a party’s right to appeal a decision.
C. a party’s right to bring a matter before a court, based on the party’s recognized stake in the outcome.
D. a party’s right to bring a matter before a court, based on the interests of equitable justice.

12. Which of the following statements is true of spousal support awards?
A. They’re an entitlement that arises upon divorce or separation.
B. They’re awarded to the less well-off spouse regardless of need.
C. They’re calculated using the state’s spousal support guidelines.
D. They must be based on the demonstrated need of the recipient spouse.

13. Which of the following statements is true of child custody determinations?
A. Courts will never make any rulings based on either parent’s religious practices.
B. Courts may properly consider potential harm to the child from racial prejudice due to a parent’s relationship with a person of a different race.
C. The expressed preferences of the child, especially a teen, will usually be the deciding factor in awarding custody.
D. Some courts may place restrictions on sexual behavior of parents when the children are in their custody.

14. What kind of alimony is designed to repay the spouse for financial contributions that directly increased the earning power of the other spouse?
A. Alimony in gross
B. Rehabilitative alimony
C. Reimbursement alimony
D. Imputed wage alimony

15. Modification of a rehabilitative alimony award is
A. permitted when the paying spouse demonstrates a material change in circumstance.
B. generally not permitted.
C. permitted when the paying spouse remarries.
D. not permitted unless the paying spouse is in prison.

16. If a premarital agreement contains a waiver of alimony, that waiver
A. is enforceable only if the result would be unconscionable otherwise.
B. is not enforceable, because the child’s right to support cannot be waived.
C. is not enforceable, but courts have devised equitable remedies that achieve the same result.
D. may or may not be enforceable, depending on state law and the circumstances of the case.

17. When determining parental custody, a court
A. should award custody to whichever parent is wealthier and therefore better able to provide.
B. may reasonably presume that a mother will provide better care than a father.
C. can use the marital presumption to award custody to the mother.
D. may not rely on gender-based presumptions.

18. Which of the following statements about alimony is true?
A. In most states, alimony is calculated using the same guidelines as those used to calculate child support.
B. Alimony is generally decided after the division of marital property.
C. Alimony and property division are essentially the same thing, and therefore it is rare to have both in the same divorce case.
D. Alimony and child support are interchangeable concepts.

19. In the family law context, the term emancipation refers to
A. a legal decree disestablishing paternity.
B. abandonment of a child for a statutorily defined period, leading to waiver of parental rights.
C. a child becoming legally independent of the parents, such as by reaching the age of maturity.
D. a court order freeing one spouse from the duty to pay alimony.

20. Under which of the following circumstances is a child born outside the United States to unwed parents a citizen of the United States?
A. The father was a citizen for at least a year when the child was born.
B. The father was a citizen when the child was born, has established a blood relationship to the child, and acknowledged paternity before the child turned 18.
C. The father was a citizen when the child was born, has established a blood relationship to the child, has agreed to support the child until age 18, and acknowledged paternity before the child turned 18.
D. The mother was a citizen for at least 6 months before the child was born.

21. Which of the following statements is true of split custody?
A. The parents have more than one child, and each parent has custody of at least one child.
B. It describes situations in which legal custody of the children is awarded to one parent, while physical custody is awarded to the other.
C. The children spend approximately half their time in the custody of one parent and half in the custody of the other.
D. The children reside with one parent because the other has a new family.

22. The custodial parent of a child is the parent
A. responsible for paying the child’s expenses, such as education and healthcare.
B. with whom the child primarily resides.
C. who makes the decisions regarding the child’s visitation schedule with the other parent.
D. with the exclusive right to make decisions regarding the child’s welfare.

23. Which of the following statements is true of statutes of limitations on paternity actions?
A. The statute of limitations for paternity actions related to child support is 2 years after the child’s birth.
B. There’s no statute of limitations if there’s no legally established father.
C. The statute of limitations is 18 years if there’s an established father.
D. The statute of limitations is 18 years if there’s no legally established father.

24. What does the term thwarted father mean?
A. A man who raised a child as his own and then finds he’s not the biological father
B. A man who has been denied visitation of his child
C. A man who is unaware he’s a father
D. A man who has been denied custody of his child

25. A defined visitation schedule is a schedule that
A. relies on open-ended terms allowing for the later agreement of the parties.
B. sets forth the dates, times, and terms of visitation in great detail.
C. terminates after a defined period.
D. has been ratified by court order.