Practice Test 1 Wrong / Uncertain Answers Flashcards
How long are temporary orders good for?
As long as required, or terminated by the court.
What is a court order requiring a person’s appearance in court or at a deposition?
Subpoena
Writ of Summons is a form issued by the court directing someone to respond to a complaint, motion, or petition (different)
What is a deposition and when does it occur?
Depositions are the testimony of a witness taken out of court under oath and reduced to writing after discovery and prior to trial. The deposition may be used to discredit a witness if he changes his testimony during trial.
They are to gather evidence and ARE refutable.
How is an expert witness qualified?
The attorneys stipulate that a witness is qualified. The judge does not qualify an expert witness without input from the attorneys.
What is a trial consultant?
Trial consulting is the use of social scientist, particularly psychologists, communication experts, and economists, to aid attorneys in the presentation of a criminal trial or civil lawsuit. Modern trial consultants help prepare witnesses, improve arguments and rhetoric, and select juries.
Is “Honesty” in the code of Ethics?
NO. Integrity, Competence, Objectivity, Fairness, Confidentiality, Professionalism, Scope, Compliance, Unauthorized Practice of Law, and Support are them.
A CDFA professional’s work product is never protected by attorney-client privilege when working in which role?
Pro Se Divorce. Sometimes in Collaborative divorce, it’s protected (because Lawyers are often involved). Pro Se
Are Unemployment Benefits a career asset? A gold membership?
Unemployment, yes - a golf membership, only if the employer pays for it.
Can a CDFA Professional interview clients for interrrogatories?
NO - that’s only for lawyers.
If a CDFA is hired by only one spouse, what’s your obligation for reviewing financial assets of both spouses?
A CDFA professional should review both parties’ financial information to do a complete and thorough job and make recommendations that are fair and equitable to both parties…
IF you’re hired as a CDFA for a divorce case, what other role can you act in for your client?
No other role, including advisor, but only acting as an expert witness.
Are local mediation reports a source of information used by attorneys to see how the law is likely to be used in a case?
No - they aren’t legal precedent, and often aren’t archived in any standard way.
Common Law Marraige states
As of 2024, common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia.
Pro Se divorce percentage
50% of parties represent themselves.
Typical residency requirements for filing a divorce
90 days
Which state doesn’t recognize legal separations?
Texas… of course
Coverture Fraction
Total years working while married / Total years worked until retirement
What year did QDRO come into existence?
1984, 1974 was ERISA
What age do you have to clear to be qualfied for the widow’s Social Security benefit for a divorce of 10 years or more?
Age 60
HOw many employees does an employer need to qualfiy for COBRA
20
What triggers recapture of Spousal Support?
The Payments must last for at least 3 years, and may not decrease by more than 15K over the first 3 post-separation years.
How is spousal support recapture taxed?
As income in the third pos-separation year.
What’s a waning trend in Spousal Support?
Permanent spousal support is much more rare these days.
Which tax benefit can be transferred for one or multiple years, to the non custodial parent?
The custodial parent can transfer the dependency exemption every year or for multiple years.
