HI Bar Family Law 2 — Questions and Answers
Question 1: Under Hawaii law, a court may modify an existing child support order if:
- Either parent simply requests a modification
- There has been a material change in circumstances since the last order (Correct answer)
- The child reaches age 10
- Three years have passed since the original order
Correct answer: There has been a material change in circumstances since the last order
Hawaii courts will modify child support only upon a showing of a material change in circumstances, such as a significant change in income or the child's needs.
Question 2: Under Hawaii Revised Statutes § 580, which of the following is a requirement for a valid legal separation (separation from bed and board)?
- The couple must have been married for at least 5 years
- The couple must have lived apart for 2 consecutive years
- A ground for divorce must exist, but the parties choose separation instead of dissolution (Correct answer)
- Both parties must agree in writing to reconcile within one year
Correct answer: A ground for divorce must exist, but the parties choose separation instead of dissolution
Hawaii allows legal separation when grounds exist for divorce, permitting the court to address support, property, and custody without formally dissolving the marriage.
Question 3: In Hawaii, which of the following best describes the doctrine of 'equitable distribution' in divorce proceedings?
- All marital property is divided 50/50 regardless of circumstances
- Marital property is divided fairly, considering relevant factors, but not necessarily equally (Correct answer)
- Only the spouse who earned the income keeps the property
- Property is distributed based solely on the length of the marriage
Correct answer: Marital property is divided fairly, considering relevant factors, but not necessarily equally
Hawaii uses equitable distribution, meaning the court divides marital property fairly based on relevant factors rather than automatically splitting it equally.
Question 4: Under Hawaii law, a domestic violence protective order (TRO) in a family court proceeding may:
- Only be issued after a criminal conviction for domestic abuse
- Temporarily prohibit the restrained person from contacting or coming near the petitioner (Correct answer)
- Only be granted if both parties appear at the hearing
- Last indefinitely without a hearing
Correct answer: Temporarily prohibit the restrained person from contacting or coming near the petitioner
Hawaii family courts may issue ex parte temporary restraining orders to immediately prohibit contact or proximity by an abuser, pending a full hearing.
Question 5: In Hawaii, parental rights may be terminated in an adoption proceeding when:
- The adoptive parent has sufficient financial resources
- The biological parent has consented or the court finds statutory grounds for involuntary termination (Correct answer)
- The child has lived with the adoptive family for 30 days
- The biological parent is incarcerated
Correct answer: The biological parent has consented or the court finds statutory grounds for involuntary termination
Parental rights are terminated in Hawaii adoptions either by voluntary consent of the biological parent or by court order upon finding statutory grounds such as abuse, neglect, or abandonment.
Question 6: Under Hawaii Revised Statutes, child support obligations generally continue until the child:
- Graduates from high school, regardless of age
- Reaches age 23 if still enrolled in an educational or vocational program, or age 18 otherwise (Correct answer)
- Turns 21 in all cases
- Becomes financially independent, at any age
Correct answer: Reaches age 23 if still enrolled in an educational or vocational program, or age 18 otherwise
In Hawaii, child support generally ends at age 18, but may continue until age 23 if the child is enrolled in school or a vocational program.
HI Bar Family Law 2
Under Hawaii law, a court may modify an existing child support order if: