Question 1

Common law marriage occurs when the law requires a marriage ceremony be performed by an authorized official.

Accepted Answer

Common law marriage does not require a marriage ceremony to be performed by an authorized official. Rather, it is a legal recognition of a couple as being married based on their actions and intentions, such as living together, acquiring joint property, and holding themselves out as a married couple. The requirements for common law marriage vary by state. Common law marriage occurs when a couple meets certain requirements, such as living together and holding themselves out as married, without a formal ceremony or license. It is recognized in some states even if there is no official documentation.

Question 2

Marriage requirements are set by state law.

Accepted Answer

Yes, marriage requirements vary from state to state and are governed by state law. Marriage requirements vary by state and are set by state law.

Question 3

No deviation from the Child Support Guidelines are allowed, even if the parties can show special circumstances.

Accepted Answer

While the Child Support Guidelines are the general rule for determining child support, there are circumstances in which deviations may be allowed based on special circumstances, such as the child's medical needs or the income of the parties. However, the court must provide a written explanation for any deviation from the guidelines. While the Child Support Guidelines provide a starting point for calculating child support, deviations from the guidelines are allowed if special circumstances can be shown. However, these special circumstances must still be approved by a judge or court.

Question 4

Alimony is deductible by the payor and income to the recipient.

Accepted Answer

This is true according to the current tax laws in the United States. The payor of alimony can deduct the amount from their taxable income, while the recipient must report it as taxable income. However, it's always best to confirm tax laws with a qualified tax professional. Alimony payments are tax deductible by the payor and considered taxable income by the recipient.

Question 5

Degrees of consanguinity and affinity are set out by statute that prohibits marriage between certain parties.

Accepted Answer

This is true. Laws set out who is considered too closely related by blood (consanguinity) or marriage (affinity) to marry. These laws vary by jurisdiction but are usually in place to prevent genetic abnormalities in offspring and to uphold social norms. Degrees of consanguinity and affinity are indeed set out by statute to prevent marriage between certain parties who are closely related.

Question 6

Adoption allows a minor to be free of parental control, and do such things as marry, contract and live separately.

Accepted Answer

Adoption does not free a minor from the legal age restrictions and parental control related to marriage, contracting, and living independently. It simply transfers the parental rights and responsibilities from the biological parents to the adoptive parents.

Question 7

Alimony and child support orders may be modified upon a showing of an unforeseen substantial change in circumstances.

Accepted Answer

Alimony and child support orders may be modified if there is a substantial change in circumstances such as a job loss, a significant increase or decrease in income, or a change in the needs of the children. However, the change must be unforeseen at the time of the initial order. Alimony and child support orders can be modified if there has been an unforeseen substantial change in circumstances such as a job loss, increase or decrease in income, or a change in custody arrangements.

Question 8

Considerations in determining the amount of child support include&#10;A)The number of children&#10;B)The income of the father&#10;C)The income of the mother&#10;D)all of the above

Accepted Answer

In determining the amount of child support, all of the above factors must be taken into consideration. The number of children being supported is obviously a critical factor, but the income of both parents is just as important in ensuring that the child's financial needs are met. Ultimately, it is the responsibility of both parents to contribute to the financial well-being of their child, regardless of custodial arrangements or other factors. All of the above factors are considered when determining the amount of child support that should be paid. The number of children is important because it directly impacts the overall cost of supporting them. The income of both parents is also considered, as they both have a responsibility to financially support their child. Generally, the higher the income of the parents, the higher the amount of child support that will be ordered.

Question 9

Most states do not require that a party be a resident of the state when seeking a dissolution of marriage.

Accepted Answer

Most states in the U.S. have residency requirements that must be met before a party can file for dissolution of marriage (divorce) in that state, typically requiring that at least one of the parties has lived in the state for a specific period of time before filing.

Question 10

Adoption laws may&#10;A)allow a parent to voluntarily relinquish parental rights&#10;B)allow the biological parents and adoptive parents to know each other&#10;C)require the parties to work through an adoption agency&#10;D)any of the above

Accepted Answer

Adoption laws vary by state and jurisdiction, but they may include any combination of allowing parents to voluntarily relinquish parental rights, establishing open adoptions where both biological and adoptive parents can know each other, and requiring the involvement of an adoption agency. Therefore, any of the choices could be a part of adoption laws. Adoption laws may vary from state to state, but generally they may allow a parent to voluntarily relinquish parental rights, allow for open adoptions where the biological parents and adoptive parents can know each other, and may require the parties to work through an adoption agency. Therefore, any of the above could be true depending on the specific adoption laws in place.

Question 11

Which of the following statements is true? In order to be divorced in a state,&#10;A)the parties must have been married in that state&#10;B)the parties must allege fraud&#10;C)the marriage, although illegal in that state, is valid where performed and does not violate the state's public policy&#10;D)both parties reside in the state

Accepted Answer

The answer of Which of the following statements is true?...

Question 12

Fault grounds for a divorce are irreconcilable differences or that the marriage has broken down irretrievably.

Accepted Answer

The answer of Fault grounds for a divorce are irreconcilable...

Question 13

Equitable distribution is the process of determining&#10;A)Distribution of marital assets&#10;B)Alimony orders&#10;C)Child support orders&#10;D)All of the above

Accepted Answer

The answer of Equitable distribution is the process of determining&#10;A)Distribution...

Question 14

Because failure to pay child support is a violation of a court order, an obligor can be found in contempt of court.

Accepted Answer

The answer of Because failure to pay child support is...

Question 15

Parents are responsible for torts committed by minor children, and state statutes often set the maximum amount of liability.

Accepted Answer

The answer of Parents are responsible for torts committed by...

Deck 7: Family Law