MT Bar Family Law 2 — Questions and Answers
Question 1: Under Montana law, which of the following would most likely constitute grounds to terminate parental rights?
- A parent's temporary unemployment lasting three months
- Chronic physical abuse or neglect of the child (Correct answer)
- A parent's relocation to another state
- Disagreement between parents over the child's education
Correct answer: Chronic physical abuse or neglect of the child
Montana permits termination of parental rights when a parent has subjected the child to chronic abuse, neglect, or abandonment that endangers the child's welfare.
Question 2: When Montana courts establish a child support obligation, which of the following is the primary framework used?
- A flat percentage of the non-custodial parent's gross income
- The Income Shares Model, which considers both parents' incomes (Correct answer)
- The Melson Formula, which protects a self-support reserve first
- The court's pure discretion without any standardized guidelines
Correct answer: The Income Shares Model, which considers both parents' incomes
Montana uses the Income Shares Model for child support, which combines both parents' incomes to estimate what would have been spent on the child in an intact household.
Question 3: A Montana couple has been living apart for two years without formal proceedings. Which statement best describes their legal status?
- They are legally separated by operation of law after one year of separation
- They remain married unless a court grants a legal separation or dissolution (Correct answer)
- They are automatically divorced after two years of separation
- They are considered to have a common-law divorce recognized by the state
Correct answer: They remain married unless a court grants a legal separation or dissolution
Montana does not provide for automatic divorce based on separation; the parties remain married until a court formally grants either a legal separation or a dissolution of marriage.
Question 4: Under Montana law, a premarital agreement (prenuptial agreement) is enforceable unless:
- It was executed more than 30 days before the wedding
- It was not reviewed by both parties' attorneys
- It was the product of fraud, duress, or was unconscionable at execution (Correct answer)
- It addresses property division rather than spousal support
Correct answer: It was the product of fraud, duress, or was unconscionable at execution
Montana follows the Uniform Premarital Agreement Act, invalidating prenuptial agreements that were procured by fraud, duress, or were unconscionable when signed.
Question 5: In a Montana dissolution proceeding, debts incurred during the marriage are generally treated as:
- Entirely the responsibility of the spouse who incurred them
- Marital liabilities subject to equitable allocation between the spouses (Correct answer)
- Always divided equally 50/50 regardless of circumstances
- Only allocated to the higher-earning spouse
Correct answer: Marital liabilities subject to equitable allocation between the spouses
Montana courts treat marital debts similarly to marital assets, allocating them equitably between the spouses based on the circumstances of each case.
Question 6: Under Montana law, at what age may a minor marry without parental consent?
- 16
- 17
- 18 (Correct answer)
- 21
Correct answer: 18
In Montana, persons must be at least 18 years old to marry without parental consent; those under 18 require both parental consent and court approval.
Question 7: When a Montana court evaluates relocation of a custodial parent with the child to another state, the court will primarily consider:
- Whether the move crosses an international border
- Whether the relocation serves the best interests of the child (Correct answer)
- The automatic right of the custodial parent to relocate
- Whether both parents agree, making court approval unnecessary
Correct answer: Whether the relocation serves the best interests of the child
Montana courts analyze proposed relocation through the best interests of the child standard, examining factors such as the reason for the move, the child's relationship with both parents, and impact on parenting time.
MT Bar Family Law 2
Under Montana law, which of the following would most likely constitute grounds to terminate parental rights?