Family Law Flashcards

Under the constitutional framework following Obergefell v. Hodges (2015), which of the following is correct about same-sex marriage?

Answer: The Fourteenth Amendment requires states to license and recognize same-sex marriages on the same terms as opposite-sex marriages

In Obergefell v. Hodges (2015), the Supreme Court held that the Fourteenth Amendment's Due Process and Equal Protection Clauses require states to license same-sex marriages and recognize same-sex marriages performed in other states. The right to marry is a fundamental right that applies equally to same-sex couples.

Under most states' laws governing premarital (prenuptial) agreements, which of the following would most likely render a premarital agreement unenforceable?

Answer: One party did not have access to a fair and reasonable disclosure of the other party's property and financial obligations before signing, and did not waive such disclosure

Under the Uniform Premarital Agreement Act (UPAA) and most state laws, a premarital agreement is unenforceable if the party challenging it proves: (1) the agreement was involuntary; or (2) the agreement was unconscionable when executed AND the challenging party was not provided fair disclosure of the other party's property and financial obligations and did not waive such disclosure.

Under the doctrine of equitable distribution, a court may consider which of the following factors in dividing marital property?

Answer: The length of the marriage, the economic and non-economic contributions of each spouse, the financial circumstances of each spouse, and the standard of living established during the marriage

Equitable distribution courts consider a broad range of factors: length of marriage, contributions of each spouse (including homemaking and child-rearing as non-economic contributions), each party's financial circumstances and earning potential, age and health, standard of living during the marriage, and whether any property was inherited or separately owned.

A mother has sole legal and physical custody of the couple's child. The father pays child support. The father's income increases significantly. Under the law, what may the mother do?

Answer: Seek modification of the child support order by showing a substantial change in circumstances, including the father's increased income

Child support orders may be modified upon a showing of a substantial change in circumstances since the prior order. A significant increase in the obligor's (father's) income typically qualifies as a substantial change. The modification is not automatic — a court proceeding is required.

Which of the following best describes the legal doctrine of 'parens patriae' as applied in family law?

Answer: The state's inherent authority to act as a parent-substitute to protect the interests of those who cannot protect themselves, including children

Parens patriae ('parent of the nation') is the state's inherent authority and responsibility to protect those who cannot protect themselves — including children, incapacitated adults, and others. It underlies the state's authority to intervene in family matters through child protective services, guardianship, and juvenile court jurisdiction.

Under the Uniform Interstate Family Support Act (UIFSA), once a child support order is issued by a state, when may another state modify that order?

Answer: Another state may modify the order only if the issuing state is no longer the 'home state' and all parties have moved away from the issuing state, or the issuing state has consented to modification

UIFSA establishes a 'one order' system. The issuing state retains continuing exclusive jurisdiction (CEJ) over the support order as long as at least one party (obligor, obligee, or child) remains in the issuing state. Another state may modify only if all parties have moved away from the issuing state — and typically only if all parties consent or the child's home state is the modifying state.