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

KRS 403.170 directs the court, when one party denies breakdown, to consider all relevant factors and permits a 30-to-60-day continuance with a possible counseling suggestion.

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

Under Kentucky's tracing rules, appreciation of nonmarital property from purely passive market forces, not joint efforts, retains its nonmarital character.

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

Gentry v. Gentry upholds antenuptial agreements absent fraud, duress, or material nondisclosure, and allows courts to refuse enforcement if unconscionable when made or when enforced.

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

Relocation disputes between custodians are resolved under the best-interests-of-the-child standard as a modification of custody or timesharing.

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

KRS 403.213 requires a material, substantial, and continuing change, with a rebuttable presumption arising from a 15% or greater change in the guideline amount.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Family Law 4