Question 1

The acronym UIFSA stands for

Accepted Answer

UIFSA refers to the Uniform Interstate Family Support Act, which is a law that governs the establishment, enforcement, and modification of child support orders across state lines. It is designed to ensure that child support orders are enforced consistently and efficiently regardless of where the child and the noncustodial parent live.

Question 2

When is a summary judgment used?

Accepted Answer

A summary judgment is used when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, meaning there is no need for a trial. This typically occurs when there is a prima facie case established by one party and the other party fails to produce evidence to refute it.

Question 3

If a man decides to voluntarily acknowledge a child as his own, he can sign a/an _____ acknowledging his paternity.

Accepted Answer

An affidavit is a written statement made under oath that confirms the man's acknowledgment of parenthood.

Question 4

DNA tests usually have to be taken more than once to be 100 percent conclusive.

Accepted Answer

DNA tests are highly accurate and can provide conclusive results from a single test. However, in some cases, such as when using older or degraded samples, additional testing may be required to achieve certainty.

Question 5

The intent behind the Uniform Interstate Family Support Act (UIFSA) is to create a framework for child support enforcement in interstate cases.

Accepted Answer

The Uniform Interstate Family Support Act (UIFSA) is a law that was created to establish a consistent and uniform framework for the enforcement of child support orders in interstate cases. It is designed to help ensure that child support orders are enforced effectively across state lines, which can be particularly challenging without a standardized process in place.

Question 6

All 50 states require alleged fathers to participate in testing to determine paternity.

Accepted Answer

All 50 states have laws that require alleged fathers to participate in paternity testing.

Question 7

Each state is required by federal law to have a simple civil process for voluntarily acknowledging paternity and a civil procedure for establishing paternity in contested cases.

Accepted Answer

This is a requirement under the federal law known as the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996. Each state must have a process for acknowledging paternity and a civil procedure for contested paternity cases. Failure to comply with this requirement may result in the loss of certain federal funding.

Question 8

A man can simply refuse to take a DNA test to prove paternity to avoid having to pay child support.

Accepted Answer

A man can refuse to take a DNA test, but the court may order him to take one, and if he still refuses, he may be found in contempt of court and face consequences such as fines or even imprisonment. Additionally, if he is the biological father, he may still be ordered to pay child support even without a DNA test.

Question 9

A man is considered a presumed father in California if he and a child's natural mother were married 300 days before the child was born.

Accepted Answer

According to California Family Code section 7611, a man is presumed to be the father of a child if he was married to the child's mother at the time of birth or 300 days before the child's birth.

Question 10

If an alleged father refuses to take a paternity test, the burden of proof is shifted from the alleged father to the mother.

Accepted Answer

The burden of proof remains with the alleged father to establish or disprove paternity, regardless of whether or not he chooses to take a paternity test.

Question 11

If a mother wanted to go to court to get a judicial declaration that a man is the father of her child, she would have to bring

Accepted Answer

An action to determine paternity is the legal process in which a mother can go to court to establish the legal father of her child. It involves DNA testing and other evidence to determine biological paternity. None of the other listed options are appropriate for this situation.

Question 12

The Uniform Interstate Family Support Act (UIFSA) supersedes any previous state statutes concerning child support enforcement.

Accepted Answer

The UIFSA was created to establish consistent laws and procedures for establishing, enforcing, and modifying child support orders across state lines. As a result, it supersedes any previous state laws on the same topic.

Question 13

If a state's laws deal with the same issues as the Uniform Interstate Family Support Act (UIFSA) and are not in conflict with the UIFSA, then the state's specific statutes or case law should be applied.

Accepted Answer

This is correct as the UIFSA is a model law that provides guidance for states in dealing with interstate family support issues. However, each state has its own specific laws and case law that may also apply, as long as they do not conflict with the provisions of the UIFSA.

Question 14

The federal government tells the states how to go about establishing paternity

Accepted Answer

The federal government provides funds to states for child support programs, so it has a vested interest in ensuring that paternity is established correctly. Providing guidance on how to establish paternity helps to ensure that child support payments can be accurately calculated, which in turn helps to support children who are in need.

Question 15

A summary judgment motion claims that there is a prima facie case.

Accepted Answer

A summary judgment motion asserts that there is a prima facie case and that the evidence does not support any genuine dispute of material fact, resulting in the case being resolved without a trial.

Question 16

Child support payments, depending on the evidence provided to the court, are based on the putative father's income and lifestyle.

Accepted Answer

Child support payments are typically calculated based on the income and lifestyle of the obligated parent (which could be either the mother or father), not the putative father specifically.

Question 17

A prima facie case is

Accepted Answer

A prima facie case is a case in which the plaintiff has presented enough evidence to establish a claim or defense.

Question 18

The UIFSA should be used to

Accepted Answer

The UIFSA (Uniform Interstate Family Support Act) provides a standardized approach for establishing, enforcing, and modifying child support orders across state lines. Therefore, all of the choices are correct as they are part of the UIFSA's purpose.

Question 19

How many states are required under federal law to have statutory guidelines for determining paternity?

Accepted Answer

All 50 states are required under federal law to have statutory guidelines for determining paternity. This ensures a standardized approach across the United States for establishing paternity, which is crucial for matters such as child support, custody, and inheritance.

Question 20

A putative father is

Accepted Answer

A putative father is the man a mother believes to be her child's father, even though the man has not been medically or legally declared to be the father. This means that there is still a degree of uncertainty as to whether or not he actually is the father.

Quiz 6: Paternity