Mixed Deck — All CDA Topics Flashcards

What psychological effect is common after divorce?

Answer: Grief and anxiety

Grief and anxiety are very common psychological effects experienced after divorce, as individuals mourn the loss of their marriage, family structure, and future plans. The process often involves significant stress, uncertainty about the future, and emotional upheaval, leading to feelings of sadness, anger, fear, and worry. Recognizing these emotions is important for seeking appropriate support and healing.

What happens to dependent children's coverage under COBRA when their parents divorce?

Answer: Children are qualifying beneficiaries and may elect COBRA independently

Dependent children are qualifying COBRA beneficiaries and may independently elect continuation coverage even if the employee-parent does not.

Why is psychological readiness important for mediation?

Answer: It helps clients engage productively

Psychological readiness ensures clients are emotionally stable enough to participate constructively in mediation. When clients are ready, they can focus on solutions rather than being overwhelmed by emotions, leading to more productive discussions and better outcomes. This readiness prevents emotional distress from derailing the negotiation process.

Under the Uniform Interstate Family Support Act (UIFSA), which state has continuing exclusive jurisdiction over a support order?

Answer: The state that issued the original order, as long as one party remains there

Under UIFSA, the issuing state retains continuing exclusive jurisdiction over a support order as long as one party or the child continues to reside there.

How does collaborative divorce processes contribute to professional excellence in CDA certification?

Answer: It enhances competency, improves outcomes, and supports continuous professional growth

Collaborative Divorce Processes is integral to CDA professional excellence, directly enhancing competency and driving measurable improvement in practice outcomes.

Why is it important to set clear negotiation goals?

Answer: To focus discussions and measure success

Setting clear negotiation goals provides a roadmap for the discussions, ensuring that both parties understand what they are trying to achieve. These defined goals help keep negotiations focused, prevent distractions, and offer a benchmark against which the success of the negotiation can be measured. This clarity leads to more efficient and effective outcomes.

In divorce, what term describes the increase in value of a separate property asset that results from market forces rather than marital effort?

Answer: Passive appreciation

Passive appreciation is growth in separate property value due to market conditions or inflation, which many states treat as separate property not subject to division.

Which financial document is most useful for a CDA to establish a divorcing client's ongoing living expenses for purposes of spousal support analysis?

Answer: Monthly budget worksheet

A monthly budget worksheet details current and projected living expenses, forming the basis for determining the amount of spousal support needed.

A spouse refuses to disclose retirement account balances during mediation. What is the CDA's most appropriate step?

Answer: Stress the importance of full financial disclosure and suggest a discovery process

Full financial disclosure is essential for equitable settlements; a CDA should explain this requirement and guide parties toward proper discovery.

What does 'commingling' of assets mean in divorce property division?

Answer: Mixing separate property with marital property so they become indistinguishable

Commingling occurs when separate property is mixed with marital property to the point that its separate identity is lost, often converting it to marital property.

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.

Which of the following is NOT a type of benefit typically addressed in divorce settlement negotiations?

Answer: Workers' compensation future benefits

Workers' compensation benefits are generally not divisible marital property because they compensate for personal injury and are not considered earned income or marital assets in most states.

A CDA notices that the valuation report uses 'seller's discretionary earnings' (SDE) as the earnings base. This metric is most appropriate for:

Answer: Owner-operated small businesses where the owner works full-time in the business

SDE adds back owner compensation, benefits, and discretionary expenses to net income, and is a standard earnings metric for small owner-operated businesses.

If an ex-spouse is named as successor trustee of a revocable living trust, what must the divorced client do?

Answer: Execute a formal trust amendment naming a new successor trustee per the trust's amendment procedures

The trust must be formally amended to name a new successor trustee, as divorce alone does not automatically change trust terms in most states.

A Roth IRA owned by one spouse during marriage is divided in divorce by:

Answer: Executing a transfer incident to divorce under IRC §408(d)(6)

Roth IRAs and traditional IRAs are divided via a transfer incident to divorce under IRC §408(d)(6), which is a non-taxable, non-penalized direct retitling to the receiving spouse's IRA.

In equitable distribution states, how is fault in the marriage breakdown (e.g., adultery) generally treated in alimony decisions?

Answer: Fault may be considered in some states but is rarely the primary factor

While some equitable distribution states allow fault to be a factor, most treat it as one of many considerations rather than a controlling factor.

Which factor is LEAST likely to influence a court's determination of the best interests of the child?

Answer: Which parent has higher earning potential

Courts focus on parenting capacity and the child's well-being, not on which parent earns more, which is more relevant to calculating support amounts.

A paying spouse claims inability to pay current alimony due to job loss. To modify the award, courts generally require:

Answer: A substantial and involuntary change in financial circumstances

Most courts require a showing of a substantial, material, and involuntary change in circumstances to justify an alimony modification.

A client asks whether their persistent insomnia and appetite changes eight weeks after separation are 'normal.' The CDA should respond that:

Answer: Physical symptoms like sleep and appetite disruption are common somatic responses to grief and stress in early divorce

Physical symptoms including insomnia, appetite changes, and fatigue are well-documented somatic responses to the stress and grief of divorce in its early stages.

What happens to a joint credit card account when one spouse is ordered to pay it in the divorce decree but fails to do so?

Answer: The other spouse's credit may be damaged and the creditor may pursue them for repayment

If the assigned spouse fails to pay, the joint account creditor can pursue the other spouse and potentially damage their credit, since creditors are not bound by the divorce decree.