MT Bar Family Law 3

Question 1

Under Montana's adoption statutes, which of the following is true regarding consent to adoption?

Accepted Answer

Consent of both legal parents is required unless parental rights have been terminated

Answer

Only the birth mother's consent is required regardless of paternity establishment

Answer

A child over 10 may veto an adoption even if parents consent

Answer

Courts may never waive the consent requirement

Question 2

A Montana court issuing a domestic relations order (QDRO) in a divorce to divide a spouse's pension is exercising which type of authority?

Accepted Answer

Equitable authority to divide marital property including retirement benefits

Answer

Criminal jurisdiction to enforce support obligations

Answer

Administrative authority delegated by the federal ERISA statute only

Answer

Probate jurisdiction over future inheritance rights

Question 3

In Montana, which factor is NOT typically considered in calculating a maintenance (alimony) award?

Accepted Answer

The fault of either spouse in causing the divorce

Answer

The duration of the marriage

Answer

The standard of living established during the marriage

Answer

The financial resources of each party after property division

Question 4

Under Montana law, legal separation differs from dissolution of marriage primarily in that:

Accepted Answer

After legal separation, the parties remain married and cannot remarry

Answer

Legal separation divides property while dissolution does not

Answer

Legal separation is only available after ten years of marriage

Answer

Legal separation is permanent and cannot be converted to dissolution

Question 5

Under Montana's version of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Montana has jurisdiction to make an initial child custody determination when:

Accepted Answer

Montana is the child's home state, where the child lived for six months before proceedings began

Answer

The child was born in Montana regardless of current residence

Answer

Either parent is a Montana resident for any length of time

Answer

Montana is the state where the divorce was originally filed

Question 6

A Montana father who was never married to the child's mother wants to establish paternity. Which method is NOT available to him under Montana law?

Accepted Answer

Unilaterally filing a claim of paternity with the vital statistics bureau without the mother's knowledge or consent to establish legal paternity

Answer

Voluntary acknowledgment of paternity signed by both parties

Answer

A court-ordered genetic (DNA) test establishing biological parentage

Answer

Filing a paternity action in district court

Question 7

Under Montana law, which of the following is a valid defense to enforcement of a child support order?

Accepted Answer

The child has reached the age of majority or become emancipated

Answer

The obligor parent has remarried and has new dependents

Answer

The obligor parent believes the child is not biologically theirs, without a prior court finding

Answer

The custodial parent earns more than the obligor parent