CP CP Family Law 2 — Questions and Answers
Question 1: Which California Family Code section establishes the guidelines for calculating child support?
- California Family Code § 4050 et seq. (Correct answer)
- California Family Code § 2550
- California Family Code § 721
- California Family Code § 3900
Correct 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.
Question 2: Spousal support (alimony) in California is formally known as:
- Maintenance
- Alimony
- Spousal support (Correct answer)
- Palimony
Correct 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.
Question 3: Under the 'ten-year rule' in California family law, a marriage of long duration (10+ years) affects spousal support by:
- Automatically entitling the supported spouse to permanent support
- Requiring the court to retain jurisdiction over spousal support indefinitely (Correct answer)
- Doubling the child support obligation
- Triggering mandatory mediation
Correct 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.
Question 4: A Qualified Domestic Relations Order (QDRO) in a California divorce is used to:
- Transfer real property from one spouse to another
- Divide a retirement plan between divorcing spouses without tax penalty (Correct answer)
- Establish child custody arrangements
- Freeze community bank accounts pending trial
Correct 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.
Question 5: In California, a prenuptial agreement is enforceable if, among other requirements:
- It is signed at the wedding ceremony with two witnesses
- Both parties had independent counsel or voluntarily waived counsel in writing after seven days (Correct answer)
- It is notarized within 30 days of the wedding
- Only the wealthier spouse signs it
Correct 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.
Question 6: Which California form is used to request temporary child or spousal support during a pending dissolution?
- FL-100
- FL-300 (Request for Order) (Correct answer)
- FL-180 (Judgment)
- FL-320 (Responsive Declaration)
Correct 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.
CP CP Family Law 2
Which California Family Code section establishes the guidelines for calculating child support?