Family Law Flashcards

Under California's child support guidelines, the two primary factors used to calculate the support amount are:

Answer: Each parent's net disposable income and the percentage of time each parent spends with the child

California uses the Dissomaster formula, which is primarily driven by each parent's net disposable income and the custodial time-share.

A parent seeks to modify an existing child custody order. Under the Montenegro v. Diaz standard, the moving party must demonstrate:

Answer: A significant change of circumstances affecting the child's welfare since the last order

Montenegro v. Diaz requires a significant change of circumstances before a court will revisit a final custody order to preserve stability for the child.

Under California Family Code § 3042, a child's preference regarding custody:

Answer: May be considered for any child of sufficient age and capacity to reason, but is not binding

Section 3042 allows children of sufficient age and capacity to address the court, but the judge weighs preference as one factor and is not bound by it.

A non-custodial parent is $15,000 in arrears on child support. The custodial parent tells the child they cannot see the non-custodial parent until support is paid. Under California law, this action is:

Answer: Not permitted; visitation rights and support obligations are independent of each other

In California, visitation and child support are separate legal rights; withholding visitation to enforce support is impermissible and may constitute contempt.

Under Family Code § 3901, child support generally terminates when the child:

Answer: Turns 18, or turns 19 if still a full-time high school student living with a parent

Support continues to age 19 only if the child is a full-time high school student who has not yet graduated and is living with a parent.

What is the distinction between 'joint legal custody' and 'joint physical custody' under California law?

Answer: Joint legal custody means shared decision-making authority; joint physical custody means the child resides with each parent for significant periods

Legal custody governs major decisions about health, education, and welfare, while physical custody governs where and with whom the child primarily lives.

A court awards sole physical custody to the mother but joint legal custody to both parents. The father wishes to enroll the child in a private school over the mother's objection. Under joint legal custody, the proper resolution is:

Answer: Neither parent can act unilaterally; the court resolves the dispute based on the child's best interest

With joint legal custody, neither parent can make major educational decisions unilaterally; an impasse must be resolved by the court using the best interest standard.