NALA Family Law & Domestic Relations 2

Question 1

Under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which state has jurisdiction to make an initial child custody determination?

Accepted Answer

The child's home state, where the child lived for 6 months before proceedings

Answer

The UCCJEA grants jurisdiction to the child's home state, defined as where the child lived with a parent for at least 6 consecutive months immediately before the proceeding.

Question 2

A legal assistant is preparing a marital settlement agreement. Which provision addresses how property acquired AFTER the divorce will be treated?

Accepted Answer

Future acquisitions clause

Answer

A future acquisitions clause specifies that property each party acquires after the divorce is their separate property and not subject to division.

Question 3

In an annulment proceeding, a marriage is declared void ab initio when:

Accepted Answer

One spouse was already legally married at the time of the ceremony

Answer

Bigamy renders a marriage void ab initio (void from the beginning) because it violates a fundamental legal prohibition, not merely a procedural requirement.

Question 4

When calculating child support under the Income Shares Model used by most states, the court considers:

Accepted Answer

The combined gross income of both parents proportionally

Answer

The Income Shares Model combines both parents' incomes to determine a total support obligation, then allocates each parent's share proportionally to their income.

Question 5

A prenuptial agreement provision waiving all future spousal support is most likely to be found unenforceable if:

Accepted Answer

The waiving spouse will be left dependent on public assistance

Answer

Courts often void spousal support waivers in prenuptial agreements when enforcement would leave one spouse impoverished and reliant on public benefits, as this is contrary to public policy.

(NALA) National Association of Legal Assistants Certification Practice Test

(NALA) National Association of Legal Assistants Certification Practice Test

NALA Family Law & Domestic Relations 2