CAS Bar Family Law 3 — Questions and Answers
Question 1: Under California's child support guidelines, the two primary factors used to calculate the support amount are:
- The child's needs and the higher-earning parent's income
- Each parent's net disposable income and the percentage of time each parent spends with the child (Correct answer)
- The marital standard of living and each parent's gross income
- The child's age and the non-custodial parent's gross income
Correct 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.
Question 2: A parent seeks to modify an existing child custody order. Under the Montenegro v. Diaz standard, the moving party must demonstrate:
- That the current arrangement is merely inconvenient
- A significant change of circumstances affecting the child's welfare since the last order (Correct answer)
- That the child's preference has changed
- That the other parent violated the custody order at least twice
Correct 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.
Question 3: Under California Family Code § 3042, a child's preference regarding custody:
- Controls the outcome if the child is 14 or older
- May be considered for any child of sufficient age and capacity to reason, but is not binding (Correct answer)
- Must be given to the court in writing through a therapist
- Is only considered if both parents agree to let the child testify
Correct 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.
Question 4: 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:
- Permitted as a self-help remedy for willful non-payment
- Not permitted; visitation rights and support obligations are independent of each other (Correct answer)
- Permitted if the arrears exceed 2 months
- Permitted if authorized by a formal motion
Correct 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.
Question 5: Under Family Code § 3901, child support generally terminates when the child:
- Turns 18 in all circumstances
- Turns 18, or turns 19 if still a full-time high school student living with a parent (Correct answer)
- Turns 21 if enrolled full-time in college
- Emancipates or turns 18, whichever is earlier
Correct 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.
Question 6: What is the distinction between 'joint legal custody' and 'joint physical custody' under California law?
- They are synonymous terms used interchangeably in the Family Code
- Joint legal custody means shared decision-making authority; joint physical custody means the child resides with each parent for significant periods (Correct answer)
- Joint legal custody requires a 50/50 time split; joint physical custody does not
- Joint legal custody applies only to educational decisions; joint physical custody covers medical decisions
Correct 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.
Question 7: 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:
- The mother's preference controls because she has sole physical custody
- The father's preference controls because he pays most of the child support
- Neither parent can act unilaterally; the court resolves the dispute based on the child's best interest (Correct answer)
- The child's preference controls if the child is over 12
Correct 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.
CAS Bar Family Law 3
Under California's child support guidelines, the two primary factors used to calculate the support amount are: