Deck 13: Family Law

Question 1

The primary purpose of the UCCJA was to

A) establish criminal penalties for child abduction.
B) fix the priority of principles for determining the best interests of the child.
C) resolve custody issues between states.
D) collect child support from persons fleeing the state where children reside.

Answer 1

C

Question 2

In Lynch v. Lynch , the court held that

A) because wife's lawyers gave untimely notice of the February 10 hearing, the wife was estopped from denying that the marital community ended on that date.
B) because acquisition of community property ceases when spouses begin to live separate and apart, the wife did not have any interest in the husband's share of the lottery winning.
C) because Arizona is a community property state, the trial court was correct in awarding the wife half of the husband's lottery share.
D) because the decree of legal separation terminates community property rights and liabilities as to all property, income, and liabilities received or incurred after its entry, the wife did not have any interest in the husband's share of the lottery winning.

Answer 2

C

Question 3

In Brown v. Brown , the court held that

A) the husband is required to pay the wife rehabilitative alimony.
B) the husband is required to pay the wife periodic alimony.
C) the trial court abused its discretion in awarding the wife a pittance of the material assets accumulated in the husband's name during 21 years of marriage.
D) the trial court did not abuse its discretion in its award to the wife.

Answer 3

C

Question 4

In a majority of states, a custodial mother's sexual misconduct

A) warrants a change in custody.
B) is irrelevant to custody unless it is proven detrimental to the child.
C) creates a presumption of detriment to the child, which must be overcome by convincing evidence to avoid a change of custody.
D) cannot be considered by the court under no-fault divorce.

Question 5

Modification of an alimony award

A) is possible only if a clause allowing modification was included in the property settlement agreement.
B) is only awarded in connection with child support.
C) requires a showing of change of circumstances.
D) can only be initiated by the recipient.

Question 6

The major impetus for introducing the principles of equitable distribution was

A) the increase in cohabitation.
B) the demise of common law marriage in most states.
C) weaknesses in community property laws.
D) recognition of the value of domestic contributions to the marriage.

Question 7

Child support guidelines

A) are set by the judge.
B) eliminate any discretion of the judge.
C) are a product of the women's movement.
D) were imposed largely through efforts of the federal government.

Question 8

The presumption that mothers should be the custodians of young children is called

A) the "mother knows best" rule.
B) the "primary caretaker" rule.
C) the "tender years" doctrine.
D) parens patriae .

Question 9

The goal of property distribution at divorce is

A) support for the wife.
B) fairness to the parties.
C) to protect creditors.
D) to collect taxes.

Question 10

In Brenner v. Scott , the court held that

A) recognition of same-sex marriages lawfully entered elsewhere was repugnant to public policy; Florida morally disproved of same-sex marriages attempted to be entered into in that state.
B) Florida should not issue any marriage licenses to same-sex couples until the issue is decided by the United States Supreme Court.
C) the Florida provisions that prohibit the recognition of same- sex marriages lawfully entered into elsewhere, like the federal provision, were unconstitutional, as was the Florida ban on entering same- sex marriages.
D) same-sex marriages violated the Florida Constitution.

Question 11

The Baby M case brought attention to

A) interstate adoption.
B) surrogacy contracts.
C) child kidnapping.
D) child sexual abuse.

Question 12

Mrs. Lynch received a community property interest in her husband's lottery winnings because

A) she gave him money to purchase the ticket.
B) although separated, the divorce was not final.
C) the ticket was purchased with marital assets.
D) the ticket was purchased before the divorce even though the drawing occurred after the divorce was final.

Question 13

Interstate enforcement of child support is facilitated by the

A) UMDA.
B) UCCJA.
C) UPKA.
D) URESA.