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Family Law Exam Review

Family Law Specialization Examination
• 6 hours long (two 3-hour sessions)
• 9 a.m. to 12 p.m. and 2 p.m. to 5 p.m.

Morning Session
• includes both objective and essay questions.
• true/false questions
• multiple-choice questions
• short answer questions
• short essay questions (Allow approximately 6 minutes per essay question)

Two-hour lunch break

Afternoon session
• includes both objective and essay questions
• true/false questions
• multiple-choice question
• short answer questions
• short essay questions (Allow approximately 6 minutes per essay question)

All questions are allocated "points" and require responses that demonstrate accuracy, clarity, sound reasoning, recognition of the problem presented, knowledge of the principle of law involved and correct application of those principles. Full or partial credit for answers may be given.

Subject Matter - The examination shall cover the applicant's knowledge and application of the law relating to:

• marriage, divorce, post separation support and alimony, child custody and support, equitable distribution, tax issues relating to family law, enforcement of support, separation agreements, premarital agreements, jurisdiction and civil procedure, domestic violence, bastardy, and adoption including, but not limited to, the following:

(A) Contempt (Chapter 5A of the North Carolina General Statutes);

(B) Adoptions (Chapter 48);

(C) Bastardy (Chapter 49);

(D) Divorce, Alimony, and Child Support, Generally(Chapter 50);

(E) Family Law Arbitration Act (Chapter 50, Article 3)

(F) Collaborative Law Proceedings (Chapter 50, Article 4)

(G) Parenting Coordinator (Chapter 50, Article 5)

(H) Uniform Child Custody Jurisdiction and Enforcement Act (Chapter 50A);

(I) Domestic violence (Chapter 50B);

(J) Marriage (Chapter 51);

(K) Powers and liabilities of married persons (Chapter 52);

(L) Uniform Interstate Family Support Act (Chapter 52C);

(M) Uniform Premarital Agreement Act (Chapter 52B);

(N) Termination of parental rights, as relating to adoption and termination for failure to provide support (Chapter 7B, Article 11);

(O) Garnishment and enforcement of child support obligations (Chapter 110 Article 9.).

(P) Parental Kidnapping Prevention Act (28 U.S.C. §1738A);

(Q) Internal Revenue Code §§71 (Alimony), 215 (Alimony Deduction, 121 (Exclusion of Gain from the Sale of Principal Residence), 151 and 152 (Dependency Exemptions), 1041 (Transfer of Property Incidental to Divorce), 2043 and 2516 (Gift Tax Exception), 414 (p) (Defining QDRO Requirements), 408 (d)(6) (IRA Transfer Requirements for Non-Taxable Event), and regulations interpretive of these Code sections; and

(R) State and Federal Wiretap Law

A recent family law examination contained the following allotment of questions. This year's examination should include a very similar allocation.

(* shows subjects with more than one question)

Abandonment
*Absolute divorce
*Adoption
Alienation of affection
**Alimony
Annulment
Antenuptial agreement
Asset classification
Attorney fee award
**Child custody
Child dependency exemption
**Child support
Contempt proceeding
Counsel fees
Criminal conversion
Criminal/civil contempt
Distribution of marital property
Distributive award
Divisible property
*Divorce
Divorce “from bed and board”
Domestic violence act
**Equitable distribution
Failure to Pay
Grandparent child support
Grandparent visitation
Income classifications
*Marital debt
Marital misconduct
**Marital property
Motion for change of custody
*Parental rights
Paternity
*Post separation support
Pre-marital agreement
QDRO (Qualified Domestic Relations Order)
*Rule 60(b)
*Separation agreement
Spousal support
Tax issues regarding support payments
Termination of parental rights
Trial procedure

Sample questions:
(Please note that sample questions were taken from previous exams and are included only as a reference for types of questions and suggested answers. They are not intended for use as legal authority.)

1. (Circle the best answer) Criminal contempt proceedings:

(a) May be commenced only with a show cause order
(b) Require that an indigent person alleged to be guilty of contempt be afforded the right to counsel before any imprisonment may be imposed.
(c) Do not apply to civil action for child support.
(d) Restrict any term of imprisonment to a period of six months or less.
(e) All of the above.
(f) None of the above.

ANSWER: (b)

2. (Circle the best answer) The amount of child support set in a separation agreement is:

(a) The amount, which must be set by the court, in absence of evidence to the contrary.
(b) Some evidence of the reasonable needs of the child.
(c) A rebuttable presumption of the amount necessary for the child/.
(d) All of the above.
(e) None of the above.

ANSWER: (b)

3. Mr. Morning and his employee, Miss Goodnight, lived together in North Carolina for 10 years before they decided to marry, both working for Mr. Morning’s company. During this ten-year period, the couple lived in Mr. Morning’s home which he had inherited free of any encumbrance. Miss Goodnight had paid all of the utility bills, all clothing, and food expenses for the couple during the time they lived together.

After their marriage, Mr. Morning withdrew $90,000 cash from his separate funds and Ms. Morning (nee Miss Goodnight) withdrew $10,000 cash from her separate funds. The couple purchased a new condominium at Atlantic Beach for $100,000 as tenants by the entirety. The couple withdrew identical amounts of $90,000 cash by Mr. Morning from his separate funds and $10,000 cash from Mrs. Morning’s separate funds and purchased CP&L stock in Mr. Morning’s name alone. The couple continued to work in the business and each contributed 15% of his/her salary to retirement, as each of them had done for last 11 years. The marriage lasted exactly one year at which time the couple separated, sought equitable distribution and are now divorced.

(a) What, if anything, does Mrs. Morning own with regard to the home the couple lived in during the ten-year period? Explain your answer.
(b) What is Mrs. Morning entitled to receive from the condominium? Explain your answer.
(c) What is Mrs. Morning entitled to receive from the CP&L stock? Explain your answer.
(d) What, if anything, are Mr. Morning and Mrs. Morning entitled to with regard to the other’s retirement accounts during the period in which they lived together and during their marriage? Explain your answer.

ANSWER:
(a) Mrs. Morning has no interest with regard to the home the couple lived in during the ten-year period prior to their marriage. North Carolina does not recognize the acquisition of “marital” rights with respect to a couple living together as man and wife but not married. Any remedy that Mrs. Morning may have would have to sound in unjust enrichment or quasi contract and could relate only to such issues. No consideration can be given in North Carolina for a sexual relationship between parties who are unmarried. Additionally, the home was inherited and was lien free. During the one-year period of the marriage, there is no evidence there was any active appreciation and thus any appreciation there may have been would have been passive. Passive appreciation on a spouse’s separate property remains separate property and the other spouse acquires no interest in same.

(b) With respect to the condominium, the parties took title as tenants by the entirety. Under McLean and its progeny, it is clear that a strong presumption arises when real property is acquired as tenants by the entirety that the property is marital property. There is no evidence in this fact situation to suggest that this presumption could be overcome regardless of the dramatically different contributions made by each of the parties. The condominium would thus be classified as marital property and subject to division. If the presumption of an equal division were to be followed by the trial court then she would be entitled to one-half the net fair market value of the condominium.

(c) With respect to the CP&L stock, the result is different than with respect to the condominium. The equitable distribution statute states that separate property remains separate property regardless of how it is titled. The McLean distinction was drawn as a result of conveyancing language and law with respect to real property; no such distinction is present with respect to the CP&L stock. Therefore, the portion of the CP&L stock purchased by Mr. Morning from his separate funds ($90,000) would be his separate property. The portion of the CP&L stock attributable to Mrs. Morning’s separate funds ($10,000) would be her separate property. Nothing in this fact situation evidences any intent to make a gift to Mr. Morning.

(d) No marital rights of any type are acquired by a couple living together without the benefit of marriage. Therefore, any contributions Mr. Morning made to his retirement account prior to his marriage to Mrs. Morning would be his separate property. This would also be true for Mrs. Morning, i.e., all of her premarital contributions to her pension plan would be her separate property. All earnings and accumulations on each party’s separate retirement funds would also be their separate property. With respect to the contributions made by each party during their marriage and prior to their separation, these contributions would be marital. The contributions were 15 percent of the salary received for work performed during the marriage and as such would be classified as marital property. The court would have the authority to utilize a Qualified Domestic Relations Order to address the money in the pension plans or could determine the date of separation fair market value of the marital portion of each plan and distribute other assets as a “set off.”