KY Bar Family Law 4

Question 1

Wife files for dissolution and Husband contests whether the marriage is irretrievably broken. Under Kentucky law, the court must:

Accepted Answer

Consider all relevant factors and may continue the matter 30 to 60 days and suggest counseling before finding on breakdown

Answer

Dismiss the petition until both parties agree

Answer

Grant the dissolution immediately because one party's belief controls

Answer

Require proof of fault by the denying spouse

Question 2

Husband owned a house before marriage worth $100,000; during the marriage its value rose to $150,000 solely due to general market inflation. In the dissolution, the $50,000 increase is:

Accepted Answer

Nonmarital, because passive market appreciation of nonmarital property remains nonmarital

Answer

Marital, because all appreciation during marriage is marital

Answer

Split equally as a matter of law

Answer

Marital, because the house was the marital residence

Question 3

A Kentucky couple signs a prenuptial agreement. Under Gentry v. Gentry, the agreement is enforceable unless:

Accepted Answer

It was obtained through fraud, duress, or nondisclosure, or is unconscionable at execution or enforcement

Answer

Either spouse simply changed his or her mind

Answer

It addresses property division rather than maintenance

Answer

It was signed more than five years before the wedding

Question 4

Mother, the joint custodian with equal parenting time, wants to relocate with the child to another state over Father's objection. A Kentucky court will primarily decide the issue based on:

Accepted Answer

Whether relocation is in the best interests of the child

Answer

The relocating parent's constitutional right to travel, which always prevails

Answer

An automatic bar on interstate relocation with a minor

Answer

Whichever parent has the higher income

Question 5

Father is ordered to pay $800 monthly child support. He loses his job involuntarily and moves to modify. Kentucky courts may modify child support prospectively upon showing:

Accepted Answer

A material change in circumstances that is substantial and continuing, presumed if the guideline amount changes 15% or more

Answer

Any change in income of at least 5%

Answer

Nothing; support orders cannot be modified

Answer

A change agreed to informally between the parents

Question 6

Wife receives maintenance under a Kentucky decree and later remarries. Absent a contrary agreement, her maintenance:

Accepted Answer

Terminates automatically upon remarriage

Answer

Continues until the payor dies

Answer

Is reduced by half

Answer

Continues for the original term regardless of remarriage

Question 7

Grandparents petition for visitation over the objection of the child's fit parent in Kentucky. Under Walker v. Blair, the court must:

Accepted Answer

Presume the fit parent's decision is in the child's best interest, rebuttable only by clear and convincing evidence

Answer

Grant visitation if it would benefit the child in any way

Answer

Apply a simple preponderance best-interests test with no parental presumption

Answer

Deny the petition because grandparents lack standing