CDA Child Custody & Support Analysis 2 — Questions and Answers
Question 1: Under the Uniform Interstate Family Support Act (UIFSA), which state retains continuing exclusive jurisdiction over a child support order?
- The state where the child currently resides
- The state that issued the original order, as long as one party still lives there (Correct answer)
- The state where the paying parent is employed
- Any state where either parent has resided in the last 6 months
Correct answer: The state that issued the original order, as long as one party still lives there
UIFSA grants continuing exclusive jurisdiction to the issuing state as long as the child or either party continues to reside there.
Question 2: A parenting plan requires the child to alternate weeks between two homes 45 miles apart. The child is 14 and expresses a strong preference to live primarily with one parent. How should a CDA advise the client?
- The child's preference is legally binding at age 14 in all U.S. states
- The child's preference is one factor courts consider but does not override best-interest analysis (Correct answer)
- The child's preference only matters if both parents agree to honor it
- A 14-year-old has no legal standing to express a custody preference
Correct answer: The child's preference is one factor courts consider but does not override best-interest analysis
Courts give weight to a teenager's stated preference but always balance it against the totality of best-interest factors.
Question 3: Which of the following is NOT typically a factor in calculating child support under income shares models?
- Both parents' gross incomes
- The number of overnights each parent has
- The child's educational aspirations for college (Correct answer)
- Work-related childcare costs
Correct answer: The child's educational aspirations for college
Income shares models use current income, parenting time, and specific add-on expenses; future college aspirations are not a computational factor.
Question 4: A relocating parent wants to move 300 miles away with the children. The non-relocating parent objects. What is the most common legal standard courts apply?
- The relocating parent must prove domestic violence to be allowed to move
- The court weighs the move's impact on the child's relationship with both parents and overall best interests (Correct answer)
- Relocation is automatically denied if the non-custodial parent objects
- The relocating parent needs only 30 days' notice and no court approval
Correct answer: The court weighs the move's impact on the child's relationship with both parents and overall best interests
Most jurisdictions apply a best-interest analysis that includes preserving the child's bond with both parents when evaluating relocation requests.
Question 5: Legal custody differs from physical custody primarily in that legal custody refers to:
- Where the child sleeps most nights
- The right to make major decisions about the child's upbringing (Correct answer)
- The parent who pays child support
- The schedule of holiday and vacation time
Correct answer: The right to make major decisions about the child's upbringing
Legal custody is the authority to make decisions about education, healthcare, and religion, while physical custody pertains to the child's residence.
Question 6: When a court issues a child support order, which tax treatment applies to child support payments under current U.S. federal tax law?
- Deductible by the payer and taxable income to the recipient
- Not deductible by the payer and not taxable income to the recipient (Correct answer)
- Taxable income to the recipient only
- Deductible by the payer only if payments exceed $2,400 annually
Correct answer: Not deductible by the payer and not taxable income to the recipient
Child support is neither deductible for the paying parent nor reportable as income for the receiving parent under the Internal Revenue Code.
Question 7: A parent is self-employed and underreports income on tax returns. Which method might a court use to determine the correct income for child support calculations?
- Accept the reported tax return figure as definitive
- Impute income based on bank deposits, lifestyle analysis, or earning capacity (Correct answer)
- Use only the federal poverty guideline as a baseline
- Require the parent to obtain W-2 employment within 90 days
Correct answer: Impute income based on bank deposits, lifestyle analysis, or earning capacity
Courts can impute income to self-employed parents by examining bank records, business cash flow, and comparable earning capacity to prevent manipulation of support obligations.
CDA Child Custody & Support Analysis 2
Under the Uniform Interstate Family Support Act (UIFSA), which state retains continuing exclusive jurisdiction over a child support order?