PLST 340 Quiz 2

PLST 340 Quiz 2

PLST 340 Quiz 2

PLST 340 Quiz: Discovery, Child Custody, and Child Support

1. Under federal law, primary responsibility for enforcing child support obligations rests with the state’s
2. Laura is separated from her husband, Josh, who is serving a five year sentence in prison for possession and intent to distribute drugs. They have a 3-year-old daughter and a 2-year-old son. Laura hires a lawyer and tells her she does not think Josh has much money, but that she needs child support. The lawyer is likely to tell Laura which one of the following?
3. Jessica has been struggling to support her 3-year-old son. The boy’s father, Kent, is very inconsistent in making his court-ordered child support payments and has made no payments for six months, despite the fact that he earns a regular salary as a re fighter. She has contacted an attorney who is likely to tell her that usually the most effective means of enforcing child support orders is which of the following?
4. Which of the following is TRUE with respect to state approved parent education programs?
5. Dorothy’s lawyer wants to learn more about her husband Ed’s online dating activity, given that it has contributed to the emotional distress she has suffered during the parties’ marriage. In a set of interrogatories, the attorney may ask Ed to provide which of the following?
6. A paralegal is likely to perform all but which one of the following in a child support case?
7. Factors considered by the court when making a custody decision include all of the following EXCEPT:
8. Jean is getting a divorce from Matty and is really overwhelmed by all the paperwork, especially the financial statement her lawyer says she has to complete. Her lawyer is most likely to tell her which of the following?
9. Dominic has been served with a set of interrogatories by his wife’s attorney. His wife has led for divorce and an equitable division of their property. One of the questions asks for details pertaining to an embezzlement scheme in which he has allegedly been involved for several years. He was recently arrested and charged with several offenses relating to that scheme and faces several years in prison. In refusing to respond to this question, which of the following objections is he most likely to raise?
10. In order to modify a custody order, it is sufficient for the noncustodial parent to show that the custodial parent
11. Which of the following standards provides that custodial responsibilities of parents at dissolution should be allocated in a manner that is basically the same as the proportion of time each parent spent caring for the child when the family was intact?
12. Which of the following statements is true with respect to informal discovery?
13. Initiatives undertaken by the federal government in shaping child support policies and procedures are designed to
14. Sally is claiming that she is unable to work and pay child and spousal support to her husband because she has a debilitating terminal disease, but she does not want to talk about the details of her illness. Her husband’s attorney is most likely to tell him which of the following?
15. Peter Paralegal recently got a job in a family law practice after working in a district attorney’s oce for several years. He has asked his supervising attorney to give him a basic orientation regarding child support guidelines. The supervisor is likely to tell him all EXCEPT which one of the following?
16. Andrea wants to seek a deviation in the child support amount resulting from the application of the guidelines. She thinks her daughter’s father should have to pay a higher amount of child support for the following reasons. Which of the reasons is the court likely to agree with, if any?
17. Roberto and Isabella lived in California during their brief four year marriage. One year ago, they decided to divorce, and Isabella moved to Oklahoma with their 2-year- old daughter, Kristina. They have lived there since that time. Under the UCCJEA, the priority ground for original jurisdiction in this interstate child custody cases will be:
18. Assuming that an opposing party has actively been buying and selling stocks and concealing the proceeds, which of the following would be the best means of informal discovery to conrm the existence of this hidden asset?
19. John Almeida has come into a family law office to meet with Attorney Willis. He is seeking a divorce from his wife of ten years. Throughout their marriage she has managed all their financial affairs, and he has been the primary caretaker of the children. He suspects that she has several assets including investments, bank accounts, and a pension plan, among others. He wants to find out information about these assets but does not have a lot of money to invest in discovery. He also does not trust his wife to tell the truth about what she owns. Attorney Willis is most likely to recommend which of the following formal discovery methods as a cost-effective and useful tool for gathering information that will generate other discovery requests, even though it does not provide any opportunity for the requesting party to assess the respondent’s credibility and demeanor as a witness?
20. Which of the following is likely to be the most expensive formal discovery method?
21. In custody disputes, the majority view is that custody should be awarded to:
22. Which of the following methods of formal discovery can only be served on parties?
23. In the event of bankruptcy of a spouse owing child support, the child support obligation is
24. Which of the following statements is NOT true regarding financial statements?
25. Which of the following is NOT true with respect to child support?
26. When a party appears to be understating income and concealing assets related to his or her employment, such as bonuses, pensions, and “perks” (paid parking spaces, etc.), the opposing party may discover such potentially hidden assets in which of the following ways?
27. Under what circumstances can a child support order be modified?
28. Ivette and Shawn are getting divorced. Shawn wants custody of their teenage daughter, and Ivette wants custody of their son who has never bonded with his father. If Shawn has sole custody of the daughter, and Ivette has sole custody of their son, the parents will be said to have:
29. Len and Susan have a daughter, Melody. Susan has physical custody and Len has visitation specified in a parenting plan. Len is delinquent in his child support payments, often returns Melody to her mother late after visits, and on other occasions, fails to show up for scheduled visits. Which of the following is Susan’s lawyer most likely to recommend?
30. Which of the following statements is TRUE with respect to the Uniform Interstate Enforcement of Support Act (UIFSA)?

Set 2

1. Julio is engaged in a bitter divorce action with his wife, Margarita, who has left him for another man. He is seeking information in a series of discovery requests regarding her HIV status in an attempt to embarrass and expose her. She will MOST likely do which of the following in an eort to seek assistance from the court?
2. Child support guidelines
3. Which of the following factors must be considered by a court making custody decisions in virtually all states?
4. Which of the following statements is true regarding factors considered by the courts when making custody decisions?
5. Under federal law, primary responsibility for enforcing child support obligations rests with the state’s
6. Which of the following is likely to be the most expensive formal discovery method?
7. Under what circumstances can a child support order be modified?
8. Ivette and Shawn are getting divorced. Shawn wants custody of their teenage daughter, and Ivette wants custody of their son who has never bonded with his father. If Shawn has sole custody of the daughter, and Ivette has sole custody of their son, the parents will be said to have:
9. Which of the following statements is TRUE with respect to the differences between child support and spousal support?
10. Which of the following statements is NOT true with respect to discovery?
11. Which of the following statements is NOT true regarding financial statements?
12. John Almeida has come into a family law office to meet with Attorney Willis. He is seeking a divorce from his wife of ten years. Throughout their marriage she has managed all their financial aairs, and he has been the primary caretaker of the children. He suspects that she has several assets including investments, bank accounts, and a pension plan, among others. He wants to find out information about these assets but does not have a lot of money to invest in discovery. He also does not trust his wife to tell the truth about what she owns. Attorney Willis is most likely to recommend which of the following formal discovery methods as a cost-effective and useful tool for gathering information that will generate other discovery requests, even though it does not provide any opportunity for the requesting party to assess the respondent’s credibility and demeanor as a witness?
13. A federally mandated Title IV-D agency provides which of the following services?
14. Which of the following statements is TRUE regarding the rights of third parties in the custody context?
15. Jonas and his attorney have been trying for months to get his wife to respond to his discovery requests so that their divorce can move forward. Her failures to respond have become very costly. His attorney is likely to recommend all BUT which one of the following at this point.
16. Which of the following standards provides that custodial responsibilities of parents at dissolution should be allocated in a manner that is basically the same as the proportion of time each parent spent caring for the child when the family was intact?
17. Factors considered by the court when making a custody decision include all of the following EXCEPT:
18. Hayden is getting divorced and is confused about how to deal with custody and visitation. When she asks her lawyer about the kind of parenting schedule she should seek in her upcoming divorce action, her lawyer is least likely to tell her which of the following?
19. Which of the following statements is NOT true with respect to child support?
20. Roberto and Isabella lived in California during their brief four year marriage. One year ago, they decided to divorce, and Isabella moved to Oklahoma with their 2-year-old daughter, Kristina. They have lived there since that time. Under the UCCJEA, the priority ground for original jurisdiction in this interstate child custody cases will be:
21. Kristen and Derek are engaged in a bitter custody battle in the context of their divorce. Both of them love and are committed to their one, minor child, Jason, who is 3 years old. Kristen is a hard-working, corporate executive who has only taken four weeks leave during their marriage. Derek has been at home taking care of Jason and the family home. Absent abuse, the family courts in their state grant custody to the parent who has been most involved in the daily care of the child in recent months. Custody will most likely be awarded to
22. In order to modify a custody order, it is sufficient for the noncustodial parent to show that the custodial parent
23. Which of the following is TRUE with respect to state approved parent education programs?
24. Diana and Paul are getting divorced after twenty years of marriage. They have one son, Cameron, who is adopted. He is presently 16-years-old. Diana and Paul were reasonably happy prior to the adoption but have had nothing but problems ever since then. They adopted Cameron when he was 4 and were unaware that he had a history of re-setting and animal abuse. He has ADHD (Attention Deficit Hyperactivity Disorder) and has recently been diagnosed as Bipolar. He has never done well in school and has constantly been in trouble with the police, primarily for fighting and vandalizing property. After the divorce is final, Cameron will be living with his father who is presently unemployed and will be more available to supervise his activities. Diana has irregular hours as a health care worker. All but which one of the following statements is true with respect to this case?
25. Which of the following statements is NOT true with respect to the calculation of child support?
26. A paralegal is likely to perform all but which one of the following in a child support case?
27. Which of the following is true with respect to the Parental Kidnapping Prevention Act (PKPA)?
28. Which of the following statements is true with respect to informal discovery?
29. Andrea wants to seek a deviation in the child support amount resulting from the application of the guidelines. She thinks her daughter’s father should have to pay a higher amount of child support for the following reasons. Which of the reasons is the court likely to agree with, if any?
30. Peter Paralegal recently got a job in a family law practice after working in a district attorney’s oce for several years. He has asked his supervising attorney to give him a basic orientation regarding child support guidelines. The supervisor is likely to tell him all EXCEPT which one of the following?