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Question 1
Randy's parents have been happily married for 24 years. Randy is getting ready to go to college. His parents refuse to help him pay tuition or even give money to buy books. He thinks this is extremely unfair, because his friend Linda's parents, who are divorced, are obligated to pay for her college expenses. Randy sues his parents to enforce support for college. What will result?
Correct Ordinarily, support obligations end when the child reaches the age of majority-usually at age 18. Here, Randy is over 18; therefore, his parents' obligation to support him has terminated.
Incorrect! Ordinarily, support obligations end when the child reaches the age of majority-usually at age 18. Here, Randy is over 18; therefore, his parents' obligation to support him has terminated.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 2
Alex (age 15), George's stepdaughter, sues George for support. For the past four years (since the divorce from Alex's mother), George has supported her and only recently abruptly stopped. Alex claims her natural father had stopped supporting her because George was paying. What will result?
Correct
Incorrect!
Correct With today's high incidence of blended families, the biological parent may not be the only parent with support obligations. Once a stepparent voluntarily agrees to provide support for a non-biological child in his care during the marriage, he is then equitably estopped from denying the obligation to continue support payments after the divorce. Here, George had supported Alex during the marriage; therefore, he has a continuing obligation to support her until she reaches age 18.
Incorrect! With today's high incidence of blended families, the biological parent may not be the only parent with support obligations. Once a stepparent voluntarily agrees to provide support for a non-biological child in his care during the marriage, he is then equitably estopped from denying the obligation to continue support payments after the divorce. Here, George had supported Alex during the marriage; therefore, he has a continuing obligation to support her until she reaches age 18.
Correct
Incorrect!
Correct
Incorrect!
Question 3
When is child support modifiable?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The same standard applies to modifying a child support as with the original child custody determination. Specifically, there must be a substantial change in the circumstances to allow a support modification.
Incorrect! The same standard applies to modifying a child support as with the original child custody determination. Specifically, there must be a substantial change in the circumstances to allow a support modification.
Question 4
Mikey, a 12-year-old, has made it big at Nickelodeon studios. He is earning more than both his divorced parents' income combined. His father pays child support when Mikey is living with his mother; the reverse is true when Mikey lives with his father during the summer. His parents bring an action against him wishing to terminate their child support obligations. What is Mikey entitled to?
Correct
Incorrect!
Correct If the child has his own income, the court might take these funds into consideration for expensive discretionary items. Nevertheless, the non-custodial parent would still have an obligation to pay for the basic needs of the child. As such, it would be unlikely that the court would modify a support order for Mikey's basic living expenses.
Incorrect! If the child has his own income, the court might take these funds into consideration for expensive discretionary items. Nevertheless, the non-custodial parent would still have an obligation to pay for the basic needs of the child. As such, it would be unlikely that the court would modify a support order for Mikey's basic living expenses.
Correct
Incorrect!
Correct
Incorrect!
Question 5
Sally and Jeremy were recently divorced. Jeremy was awarded primary custody of their daughter, Marcela. At the time of the support hearing, Jeremy was unemployed. Sally earned $75,000 per year; therefore, Sally was ordered to pay child support. Six months later, Jeremy inherits $1 million from a distant relative. Subsequently, Sally wants to have the support order terminated, given Jeremy's financial windfall. What will result?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct The standard applied to modifying a child support order is that there must be a substantial change in the circumstances to justify modifying a support order. Here, Jeremy's improved circumstances will be taken into account, but will not automatically eliminate Sally's support obligation.
Incorrect! The standard applied to modifying a child support order is that there must be a substantial change in the circumstances to justify modifying a support order. Here, Jeremy's improved circumstances will be taken into account, but will not automatically eliminate Sally's support obligation.
Question 6
Zelda and Patrick were divorced two years ago. They have three children. Patrick had been paying his support obligations until six months ago. Now he is $5,000 in arrears. To avoid making additional payments, Patrick moved to Texas. The family home was in Connecticut. Since Patrick left the state, Zelda can no longer collect child support from him.
Correct
Incorrect!
Correct Federal statutes allow for collection of delinquent child support payments even if the parent has left the state. Failure to make those payments can result in civil and/or criminal penalties. Accordingly, Patrick still has an obligation to make support payments unless he returns to court for a modification of the original child support order.
Incorrect! Federal statutes allow for collection of delinquent child support payments even if the parent has left the state. Failure to make those payments can result in civil and/or criminal penalties. Accordingly, Patrick still has an obligation to make support payments unless he returns to court for a modification of the original child support order.