Family Law & Domestic Relations Flashcards

Under the Uniform Interstate Family Support Act (UIFSA), which state retains continuing exclusive jurisdiction over a child support order?

Answer: The state that issued the original order, as long as one party remains there

UIFSA grants continuing exclusive jurisdiction to the issuing state as long as the obligor, obligee, or child continues to reside there, preventing conflicting orders from multiple states.

In community property states, which of the following is generally classified as separate property?

Answer: An inheritance received by one spouse during the marriage

In community property states, inheritances received by one spouse during marriage remain that spouse's separate property, provided they are kept separate from marital funds.

A legal assistant discovers the opposing party failed to disclose a bank account during financial discovery in a divorce. The appropriate action is to:

Answer: Advise the supervising attorney immediately so they can seek sanctions or reopen discovery

A legal assistant must report discovery violations to the supervising attorney immediately; the attorney can then pursue appropriate remedies such as sanctions or motions to compel.

Legal separation differs from divorce in that after legal separation:

Answer: The marriage bond remains intact and neither party may remarry

Legal separation addresses property, support, and custody issues like divorce, but the parties remain legally married and cannot remarry until a divorce is obtained.

Which doctrine prevents a parent who has been voluntarily absent from a child's life for an extended period from suddenly claiming parental rights?

Answer: Abandonment doctrine

The abandonment doctrine may terminate parental rights when a parent has voluntarily failed to maintain contact or support for a statutory period, enabling the child to be adopted.

Under the Tax Cuts and Jobs Act of 2017, alimony payments made pursuant to divorce agreements executed after December 31, 2018 are:

Answer: Not deductible by the payer and not taxable to the recipient

For divorces finalized after December 31, 2018, the TCJA eliminated the alimony deduction for payers and the income inclusion for recipients, making alimony tax-neutral.

A parenting plan typically must address all of the following EXCEPT:

Answer: Financial penalties for parenting time violations

Parenting plans address schedules, decision-making, and dispute resolution procedures, but financial penalties are generally not included as they are addressed through contempt proceedings.