CP CP Family Law and Domestic Relations 2 — Questions and Answers
Question 1: What is the purpose of a Qualified Domestic Relations Order (QDRO) in a divorce proceeding?
- To divide real property located in another state during divorce
- To assign a portion of one spouse's retirement plan benefits to the other spouse without triggering early withdrawal penalties (Correct answer)
- To enforce a child support order across state lines
- To establish a trust for minor children from marital assets
Correct answer: To assign a portion of one spouse's retirement plan benefits to the other spouse without triggering early withdrawal penalties
A QDRO is a court order that directs a retirement plan administrator to pay a portion of the participant's plan to an alternate payee (usually the other spouse) as part of a divorce settlement, tax-free.
Question 2: Which type of alimony is typically awarded for a limited period to allow the recipient spouse to become self-supporting through education or job training?
- Permanent alimony
- Rehabilitative alimony (Correct answer)
- Reimbursement alimony
- Lump-sum alimony
Correct answer: Rehabilitative alimony
Rehabilitative alimony is temporary support designed to give the recipient spouse time and resources to gain the education, training, or experience needed to re-enter the workforce.
Question 3: Under equitable distribution, what property is generally subject to division in a divorce?
- All property owned by either spouse, regardless of when or how it was acquired
- Only property titled jointly in both spouses' names
- Property acquired during the marriage (marital property), excluding separate property inherited or gifted to one spouse (Correct answer)
- Only real property; personal property is excluded from equitable distribution
Correct answer: Property acquired during the marriage (marital property), excluding separate property inherited or gifted to one spouse
Equitable distribution states divide marital property—assets and debts accumulated during the marriage—while separate property (pre-marital, inherited, or gifted) is typically excluded.
Question 4: What is a prenuptial agreement, and what typically must it satisfy to be enforceable?
- An agreement made after marriage that modifies property rights; it must be notarized to be enforceable
- A contract made before marriage that governs property rights and support in the event of divorce; it must be in writing, voluntarily signed, and not unconscionable (Correct answer)
- A court order entered before a divorce trial that freezes marital assets; it requires judicial approval
- A financial disclosure form required by the state before issuing a marriage license
Correct answer: A contract made before marriage that governs property rights and support in the event of divorce; it must be in writing, voluntarily signed, and not unconscionable
A prenuptial agreement is a pre-marriage contract that is enforceable if in writing, signed voluntarily by both parties with full financial disclosure, and not procedurally or substantively unconscionable.
Question 5: Under the Parental Kidnapping Prevention Act (PKPA), federal law requires states to give full faith and credit to child custody orders from another state when that state had jurisdiction under which standard?
- The emergency jurisdiction standard of the forum state
- The UCCJEA jurisdictional standards, including home-state jurisdiction (Correct answer)
- Any standard, provided both parents were given notice and opportunity to be heard
- The standard chosen by the state that entered the order, regardless of other states' laws
Correct answer: The UCCJEA jurisdictional standards, including home-state jurisdiction
The PKPA mandates that states enforce and not modify another state's custody order if that state exercised jurisdiction consistent with UCCJEA standards, most importantly home-state jurisdiction.
Question 6: When a court calculates child support using the income shares model, what is the fundamental premise?
- Each parent contributes equally to child support regardless of their respective incomes
- The child should receive the same proportion of parental income they would have received if the parents lived together (Correct answer)
- Child support is based solely on the non-custodial parent's income and the number of children
- Support is calculated as a fixed percentage of the custodial parent's income
Correct answer: The child should receive the same proportion of parental income they would have received if the parents lived together
The income shares model, used by most states, combines both parents' incomes to estimate what would have been spent on the child in an intact household and divides that amount proportionally between the parents.
CP CP Family Law and Domestic Relations 2
What is the purpose of a Qualified Domestic Relations Order (QDRO) in a divorce proceeding?