VT Bar VT Bar Family Law 1 — Questions and Answers
Question 1: Under Vermont law, which standard governs all child custody decisions?
- The parent with primary physical custody presumption
- The best interests of the child (Correct answer)
- Equal parenting time presumption
- Maternal preference
Correct answer: The best interests of the child
Vermont courts apply the best interests of the child standard in all custody determinations, considering statutory factors under 15 V.S.A. § 665.
Question 2: Vermont was the first state to legally recognize same-sex civil unions in which year?
- 1997
- 2000 (Correct answer)
- 2003
- 2009
Correct answer: 2000
Vermont became the first state to legally recognize same-sex civil unions in 2000, following the Vermont Supreme Court's Baker v. State decision.
Question 3: In Vermont, property acquired during the marriage is subject to which approach to division upon divorce?
- Community property split 50/50
- Equitable distribution based on statutory factors (Correct answer)
- Title-based distribution to whoever holds title
- Only marital misconduct determines division
Correct answer: Equitable distribution based on statutory factors
Vermont follows equitable distribution under 15 V.S.A. § 751, dividing marital property based on statutory factors to achieve a fair, not necessarily equal, division.
Question 4: Under Vermont law, spousal maintenance (alimony) is awarded based on which factors?
- Fault of either spouse exclusively
- Duration of marriage only
- Need of one spouse and ability of the other to pay, along with statutory factors (Correct answer)
- Standard of living during marriage only
Correct answer: Need of one spouse and ability of the other to pay, along with statutory factors
Vermont courts award spousal maintenance under 15 V.S.A. § 752 based on the financial need of the requesting spouse, the other spouse's ability to pay, and other statutory factors.
Question 5: Vermont's child support guidelines are based on which model?
- Flat percentage of the non-custodial parent's income
- Income shares model combining both parents' incomes (Correct answer)
- Needs-based model based on the child's expenses
- Discretionary judicial model
Correct answer: Income shares model combining both parents' incomes
Vermont uses the income shares model for child support, which combines both parents' incomes to determine a total support obligation that is then apportioned between them.
Question 6: Under Vermont law, at what age may a minor marry with parental consent?
- 16 years old
- 17 years old
- Neither — Vermont prohibits marriage under 18 (Correct answer)
- 15 years old with both parental and judicial approval
Correct answer: Neither — Vermont prohibits marriage under 18
Vermont prohibits marriage by anyone under age 18, with no exception for parental consent, following legislative changes enacted to end child marriage.
VT Bar VT Bar Family Law 1
Under Vermont law, which standard governs all child custody decisions?