NALA Family Law & Domestic Relations 3 — Questions and Answers
Question 1: A guardian ad litem appointed in a custody dispute primarily represents:
- The interests of the custodial parent
- The best interests of the child, independent of the child's wishes (Correct answer)
- The state's interest in child welfare
- The non-custodial parent's visitation rights
Correct answer: The best interests of the child, independent of the child's wishes
A guardian ad litem is appointed by the court to independently investigate and advocate for the child's best interests, which may differ from the child's expressed preferences.
Question 2: Under the Hague Convention on International Child Abduction, a 'wrongful removal' occurs when a child is taken:
- Across state lines without a court order
- Outside the country in breach of custody rights exercised by the other parent (Correct answer)
- To a country that is not a signatory to the Convention
- Without the knowledge of the custodial parent
Correct answer: Outside the country in breach of custody rights exercised by the other parent
The Hague Convention defines wrongful removal as taking a child outside its habitual residence in breach of custody rights that were actually being exercised.
Question 3: A QDRO (Qualified Domestic Relations Order) is necessary to divide which type of retirement asset in a divorce?
- IRAs and Roth IRAs
- Employer-sponsored qualified retirement plans like 401(k)s and pensions (Correct answer)
- Non-qualified deferred compensation plans
- Individual annuity contracts
Correct answer: Employer-sponsored qualified retirement plans like 401(k)s and pensions
A QDRO is required under ERISA to divide employer-sponsored qualified retirement plans without triggering early withdrawal penalties or taxes.
Question 4: In a contested custody hearing, which standard does the court apply to determine custody arrangements?
- Clear and convincing evidence of parental unfitness
- Preponderance of evidence that one parent is superior
- Best interests of the child (Correct answer)
- Reasonable doubt that either parent is unfit
Correct answer: Best interests of the child
The 'best interests of the child' standard is universally applied in contested custody matters, evaluating factors like parental fitness, stability, and the child's relationship with each parent.
Question 5: Which type of alimony is designed specifically to allow a spouse to obtain education or training to become self-supporting?
- Permanent alimony
- Rehabilitative alimony (Correct answer)
- Reimbursement alimony
- Transitional alimony
Correct answer: Rehabilitative alimony
Rehabilitative alimony provides temporary support while the recipient spouse acquires education, training, or work experience needed to achieve financial independence.
Question 6: When a legal assistant drafts a domestic violence restraining order petition, which element is typically NOT required for an emergency protective order?
- Specific acts of domestic violence or threat
- Relationship between petitioner and respondent
- Proof of marriage or cohabitation for at least one year (Correct answer)
- Description of any children in the household
Correct answer: Proof of marriage or cohabitation for at least one year
Emergency protective orders do not require proof of long-term cohabitation; they can protect individuals in various qualifying domestic relationships, including dating relationships.
Question 7: The concept of 'imputed income' in child support proceedings means the court may:
- Add overtime pay to a parent's income calculation
- Attribute income to a voluntarily unemployed parent based on earning capacity (Correct answer)
- Deduct business expenses from a self-employed parent's income
- Include new spouse's income in the calculation
Correct answer: Attribute income to a voluntarily unemployed parent based on earning capacity
Courts impute income to a parent who is voluntarily underemployed or unemployed, attributing what that parent could earn based on education, work history, and job market conditions.
NALA Family Law & Domestic Relations 3
A guardian ad litem appointed in a custody dispute primarily represents: