Questions and Answers of Family Law

Identify and describe the three primary ways of establishing legal parentage.
Describe the equitable parent doctrine and explain how it was applied by the Wisconsin Supreme Court in Ay val.
Explain what it means to “disestablish” paternity.Identify some of the common arguments in favor of and against disestablishment.
Identify three circumstances in which assisted reproductive technology is most likely to be utilized as a reproductive option.
Identify some of the ethical issues that arise in the context of assisted reproductive technology.
Describe the nature and purpose of a surrogacy agreement.
Identify and describe the four tests most often applied by the courts to resolve disputes arising out of surrogacy arrangements.
Identify the primary purposes of cryopreserving embryos.
Describe approaches used by the courts to resolve disputes regarding disposition of cryopreserved embryos upon divorce.
Define posthumous reproduction and give an example of circumstances in which it might be utilized.
Describe the current state of the law in the United States with respect to recognition of same-sex partners as parents of children born through assisted reproductive technology.
Identify at least four kinds of liabilities arising out of the use of reproductive technologies.
Describe the role of the paralegal in this area of the law.
Identify the purposes of discovery.
Describe how the client can assist in the information-gathering process.
Describe the nature of interrogatories and identify their strengths and weaknesses.
Describe a deposition and indicate its strengths and weaknesses as a discovery method.
Describe requests for admissions and identify their strengths and weaknesses. What is the consequence of failing to respond in a timely way to a request for admissions?
Define and give two examples of requests for production of documents and things.
Identify three situations in which a request for a physical or mental examination might be appropriate. How is one customarily obtained?
Describe e-discovery and give an example of when and how it might be sought.
Identify the kinds of objections to discovery requests that can be raised.
Describe the nature and purpose of financial statements/affidavits.
Identify a minimum of five ways of concealing assets and how they might be detected.
Describe the role of the paralegal in the discovery process.
Describe the role the court plays in the discovery process.
Define and distinguish between legal and physical custody.
Define and distinguish between sole and joint legal custody.
Identify the two most common types of custodial arrangements.
Identify the four bases of jurisdiction under the UCCJA and indicate how the UCCJEA and PKPA refine them.
Identify the major purpose of The Hague Convention in custody cases.
Describe how the standards for making custody awards have evolved.
Describe the tender years doctrine.
Describe the best interest standard. Give examples of factors considered in implementing it.
Explain what a “gender-neutral standard” is in the context of custody decisions. Do you believe that custody decisions are, in fact, gender neutral? Why or why not?
Describe the primary caretaker presumption and explain how the courts determine the identity of a child’s primary caretaker.
Describe the ALI Approximation Rule for making custody decisions and identify its advantages.
Identify the majority position with respect to each of the following in the making of custodial decisions: • availability • stability • gender O jek• religion• parental health or
Define visitation and describe a common schedule.
Distinguish between supervised and unsupervised visitation.
Define “virtual visitation.” Give an example.
Describe the nature of a parenting plan and indicate how it differs from a more traditional custody provision in a separation agreement.
Describe the nature and purposes of a parent education program.
Describe the circumstances under which a modification in custody is likely to be sought and granted.
Identify the important interests that must be balanced in relocation disputes.
Describe the majority rule with respect to each of the following categories of third parties seeking custodial and/or visitation rights: • step-parents • grandparents • co-parents
Explain what a guardian ad litem (GAL) is. What role do GALs play in custody cases?
Describe the role of the paralegal in a custody case.
Define “child support” and explain the public policy behind requiring parents to pay child support.
Identify conditions under which the duty to pay child support commonly terminates. Under what kinds of circumstances might the duty of support continue?
Distinguish between child support and spousal support.
Describe the origin and purposes of Title IV-D agencies.
Describe the origin and primary purposes of the Uniform Interstate Family Support Act and identify three bases on which a court might obtain personal jurisdiction over a nonresident defendant under
Identify the primary purposes child support guidelines serve.
Define income. Identify three types of “income” that are usually not considered income in the child support context.
Identify three ways in which a parent may obtain a modification of child support.
Define and give two examples of “extraordinary expenses.” How do the courts generally deal with such expenses?
Describe how the majority of courts treat the existence of multiple families when making decisions about child support.
Identify some of the ways in which courts address parental responsibility for the cost of their children’s higher education.
Identify at least five methods of enforcing child support obligations.
Identify and describe the major tax implications of child support.
Define spousal support/alimony and identify its purpose.
Contrast the approaches to alimony in the fault and no-fault contexts.
Describe how a premarital agreement might influence whether or not a spouse obtains alimony.
Describe the significance of the Orr decision.
Distinguish between alimony and property division.
Describe the nature and purpose of “permanent” alimony.
Describe lump-sum or alimony in gross. How is it different from other forms of alimony in its nature and effect?
Define rehabilitative alimony and identify its primary purpose.
Define restitution/reimbursement alimony and indicate how it differs from other forms of alimony.
Identify the type or types of alimony that might be granted to a spouse who supported his or her spouse while the latter pursued a graduate degree during the marriage.
Identify the kinds of factors courts will consider when making alimony determinations.
Describe the kinds of evidence that need to be gathered to document the parties’ standard of living during the marriage when significant assets are involved.
Identify the general rule governing modifications of alimony awards.
Identify a minimum of three events that commonly result in the termination of an alimony obligation.
Describe the basic tax rule applicable to alimony awards with respect to includability and deductibility.
Describe how bankruptcy law treats property division and spousal support awards.
Identify the major differences between alimony and property division.
Identify the five phases of the property division process.
Explain the effect of including professional goodwill in the definition of property.
Identify the majority view regarding professional degrees as “property.”
Distinguish between separate and marital property. Give an example of each.
Identify the general rule with respect to the classification of personal injury awards as separate or marital property.
Distinguish between active and passive appreciation of property and explain why this difference is significant in the context of property division.
Define and give an example of transmutation.
Define commingling and give an example of its potential effect.
Distinguish between the source of funds and the inception of title rules and explain how they can lead to opposite results.
Explain the difference between a “dual property” and an “all property” approach to effecting a division of property upon divorce.
Define valuation and indicate why it is important and when it occurs.
Identify a minimum of six factors generally considered by courts dividing property in equitable property jurisdictions.
Describe the role, if any, played by conduct in the context of property division.
Identify the basic difference between a vested and an unvested pension.
Describe the nature and purpose of a QDRO.
Identify the nature and purpose of a hold harmless provision.
Describe how the courts generally treat debt in a property distribution.
Identify three tax issues related to property division cases.
Describe the paralegal’s role in a property division case.
Describe how the courts historically viewed separation agreements and why.
Describe what a separation agreement is and identify the purposes it serves.
Identify the characteristics of an effective separation agreement.

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