Diana and Paul are getting divorced after twenty years of marriage. They have one son, Cameron, who is adopted. He is presently sixteen 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 four and were unaware that he had a history of fire-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?
A) Diana will likely be ordered to pay child support to Paul.
B) Neither Paul nor Diana has a child support obligation because Cameron is adopted.
C) If Cameron is ordered by a juvenile court to receive costly therapy sessions for an extended period and they are not covered by insurance, the expense may be considered sufficient to warrant a deviation from the guidelines.
D) If Cameron is incarcerated in a juvenile detention facility, both Diana and Paul may be ordered to pay support to offset the cost of incarceration.
Q. #2Laura 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 three year old daughter and a two-year old son. Laura hires a lawyer and tells her she doesn't think Josh has much money but that she needs child support. The lawyer is likely to tell Laura which one of the following?
A) As the custodial parent, Laura can apply for public assistance and she will automatically be referred for services to the state's IV-D agency.
B) Custodial parents who are not receiving public assistance are ineligible for IV-D services.
C) Parties like Laura who have private attorneys are ineligible for IV-D assistance.
D) Josh will not be ordered to pay any child support because he is in prison.
Q. #3In the event of bankruptcy of a spouse owing child support, the child support obligation is
A) discharged.
B) not discharged.
C) reduced.
D) increased.
Q. #4An Answer usually includes which of the following?
A) a Counterclaim for divorce, if desired
B) any procedural defenses such as lack of personal or subject matter jurisdiction
C) any traditional defenses available as provocation or condonation
D) all of the above, depending on the facts of the case
Q. #5Child support obligations can be permanently waived in premarital or separation agreements between the parties.
Indicate whether the statement is true or false
Q. #6In the Palmore decision, the U.S. Supreme Court ruled under the Equal Protection Clause of the Constitution, custody decisions could not be made solely on race.
Indicate whether the statement is true or false
Q. #7Dana and Daryl are not living together and never married but they have a son, Wayne, who is five years old. Daryl has acknowledged that he is Wayne's father and he has been voluntarily paying Dana 75 to help out with Wayne's care, an amount higher than he would have to pay under the applicable guidelines. Although he wants to visit his son, Daryl has been transferred to a job in another state and now finds it hard to travel to see him more than once a month. Dana is concerned he will stop paying child support. Which of the following statements is TRUE with respect to this case?
A) Dana cannot file a Complaint for Child Support from Daryl because they are not married.
B) Daryl will not be ordered to pay support as long as he continues to voluntarily pay child support to Dana at an amount higher than he would have to pay under the guidelines.
C) A family court in Dana's state will be able to obtain jurisdiction over Scott under UIFSA's long-arm statute.
D) A family court in Dana's state will not be able to obtain personal jurisdiction over Scott so she will have to file her Complaint in the state where he now resides.
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