Child Custody & Support Analysis Flashcards

A custody evaluator is appointed by the court. Which statement best describes the evaluator's role?

Answer: The evaluator conducts an independent investigation and provides recommendations to the court

A court-appointed custody evaluator is a neutral expert who assesses the family and submits recommendations that the judge may adopt, modify, or reject.

Under the Parental Kidnapping Prevention Act (PKPA), states must give full faith and credit to another state's custody order when:

Answer: The other state had jurisdiction consistent with PKPA when it issued the order and continues to have jurisdiction

PKPA requires states to enforce another state's custody order only if that state properly exercised jurisdiction under PKPA standards and retains continuing jurisdiction.

Which parenting schedule is most commonly associated with a 2-2-3 rotation?

Answer: Each parent getting two days, then switching, with a three-day block rotating weekly

A 2-2-3 schedule has the child alternate between two days with one parent, two days with the other, and a rotating three-day weekend, resulting in approximately equal time.

A child support order is in place. The paying parent loses their job involuntarily. What action is generally recommended?

Answer: File a motion to modify the support order based on changed circumstances

Only a court-issued modification can legally reduce a child support obligation; arrears accrue on the original amount until the court officially changes the order.

What does 'imputed income' mean in the context of child support?

Answer: Income the court attributes to a parent based on their earning capacity rather than actual earnings

Imputed income is income a court assigns to a parent who is voluntarily unemployed or underemployed, calculated at what they could earn given their skills and job market.

In high-conflict custody cases, courts sometimes appoint a Parenting Coordinator. What authority does a Parenting Coordinator typically have?

Answer: Authority to make binding decisions on minor parenting disputes within court-defined parameters

Parenting Coordinators are typically empowered to resolve day-to-day parenting disputes within the scope defined by the court order, which is binding on the parties.

A parent with sole physical custody wants to claim the child as a dependent on federal taxes. Under IRS rules, which parent has the default right to the dependency exemption?

Answer: The custodial parent, defined as the one with more overnights

IRS rules default the dependency exemption to the custodial parent (more overnights), but it can be transferred to the non-custodial parent via IRS Form 8332.