CDA Child Custody & Support Analysis 3 — Questions and Answers
Question 1: A custody evaluator is appointed by the court. Which statement best describes the evaluator's role?
- The evaluator acts as the child's legal advocate and files motions on the child's behalf
- The evaluator conducts an independent investigation and provides recommendations to the court (Correct answer)
- The evaluator has binding authority to issue a final custody order
- The evaluator represents whichever parent retained them
Correct 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.
Question 2: Under the Parental Kidnapping Prevention Act (PKPA), states must give full faith and credit to another state's custody order when:
- The child has lived in the other state for at least 30 days
- The other state had jurisdiction consistent with PKPA when it issued the order and continues to have jurisdiction (Correct answer)
- The order was entered by agreement of both parents
- The non-custodial parent lives in the recognizing state
Correct 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.
Question 3: Which parenting schedule is most commonly associated with a 2-2-3 rotation?
- Alternating weeks with mid-week dinner visits
- Each parent getting two days, then switching, with a three-day block rotating weekly (Correct answer)
- Parent A has weekdays and Parent B has all weekends
- The child spends two months per year with each parent alternating
Correct 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.
Question 4: A child support order is in place. The paying parent loses their job involuntarily. What action is generally recommended?
- Stop payments immediately since there is no income
- File a motion to modify the support order based on changed circumstances (Correct answer)
- Negotiate an informal verbal agreement with the other parent to pause payments
- Wait 12 months to see if the job market improves before taking action
Correct 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.
Question 5: What does 'imputed income' mean in the context of child support?
- Income earned from rental properties that is excluded from support calculations
- Income the court attributes to a parent based on their earning capacity rather than actual earnings (Correct answer)
- Tax-deferred retirement contributions that reduce countable income
- Social Security benefits received on behalf of the child
Correct 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.
Question 6: In high-conflict custody cases, courts sometimes appoint a Parenting Coordinator. What authority does a Parenting Coordinator typically have?
- Authority to modify physical custody orders without court approval
- Authority to make binding decisions on minor parenting disputes within court-defined parameters (Correct answer)
- Authority to terminate parental rights after repeated violations
- No authority; the role is purely advisory with no binding power
Correct 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.
Question 7: 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?
- The parent who earns more income
- The custodial parent, defined as the one with more overnights (Correct answer)
- The parent who pays child support
- Either parent can claim it; there is no default rule
Correct 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.
CDA Child Custody & Support Analysis 3
A custody evaluator is appointed by the court.
Which statement best describes the evaluator's role?