CP Family Law Flashcards

Which California Family Code section establishes the guidelines for calculating child support?

Answer: California Family Code § 4050 et seq.

California Family Code § 4050 et seq. establishes the statewide uniform child support guideline formula used by all California courts.

Spousal support (alimony) in California is formally known as:

Answer: Spousal support

California law uses the term 'spousal support' to describe financial support paid by one spouse to the other during or after dissolution.

Under the 'ten-year rule' in California family law, a marriage of long duration (10+ years) affects spousal support by:

Answer: Requiring the court to retain jurisdiction over spousal support indefinitely

California Family Code § 4336(b) provides that for marriages of long duration (10+ years), the court retains jurisdiction over spousal support unless both parties agree otherwise.

A Qualified Domestic Relations Order (QDRO) in a California divorce is used to:

Answer: Divide a retirement plan between divorcing spouses without tax penalty

A QDRO is a court order that directs a retirement plan administrator to assign a portion of a participant's benefits to an alternate payee (former spouse) without triggering early withdrawal penalties.

In California, a prenuptial agreement is enforceable if, among other requirements:

Answer: Both parties had independent counsel or voluntarily waived counsel in writing after seven days

Under California Family Code § 721.5 and § 1612, a prenuptial agreement requires independent legal counsel for both parties or a written waiver after at least seven days to review.

Which California form is used to request temporary child or spousal support during a pending dissolution?

Answer: FL-300 (Request for Order)

The FL-300 Request for Order is used to seek interim orders, including temporary support, custody, and other relief while a dissolution is pending.