NM Bar Family Law & Domestic Relations 2

Question 1

Under New Mexico law, which standard governs all child custody determinations?

Accepted Answer

The best interests of the child

Answer

New Mexico courts apply the best interests of the child standard in all custody determinations under NMSA 1978 § 40-4-9.

Question 2

In New Mexico, what is the default rule regarding property acquired during marriage?

Accepted Answer

It is community property belonging equally to both spouses

Answer

New Mexico is a community property state; property acquired during marriage is presumed to be community property owned equally by both spouses.

Question 3

A New Mexico court may modify a child support order when:

Accepted Answer

There is a material and substantial change in circumstances

Answer

Under NMSA 1978 § 40-4-11.4, a child support order may be modified upon a showing of a material and substantial change in circumstances.

Question 4

Which of the following is NOT a ground for annulment in New Mexico?

Accepted Answer

Irreconcilable differences

Answer

Irreconcilable differences is a ground for divorce, not annulment; annulment requires a defect that renders the marriage void or voidable from its inception.

Question 5

Under New Mexico's Uniform Parentage Act, a man is presumed to be the father of a child if:

Accepted Answer

He was married to the mother at the time of the child's birth

Answer

Under NMSA 1978 § 40-11A-204, a man is presumed to be the father if he was married to the mother when the child was born or within 300 days before birth.

(NM Bar) New Mexico Bar Exam Practice Test

(NM Bar) New Mexico Bar Exam Practice Test

NM Bar Family Law & Domestic Relations 2