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FL Family Law Board Cert practice questions

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Question 1Marital and Family Law

Under Florida Statutes chapter 61, which residency requirement must a petitioner satisfy before filing a petition for dissolution of marriage in a Florida circuit court?

  1. Ninety days' residence in Florida immediately before the filing
  2. Domicile in Florida for the entire duration of the marriage
  3. One year of continuous residence in Florida before the filing
  4. Six months' residence in Florida immediately before the filing Correct answer.

Explanation

Section 61.021 requires that at least one party to the marriage be a Florida resident for six months immediately preceding the filing of the petition. The requirement is jurisdictional, so failure to plead and prove it can defeat the action.

Question 2Marital and Family Law

A Florida court enters a final judgment dissolving a marriage. Which provision of chapter 61 governs a request to modify the alimony award based on a substantial change in circumstances?

  1. Section 61.14 Correct answer.
  2. Section 61.16
  3. Section 61.08
  4. Section 61.30

Explanation

Section 61.14 is the enforcement and modification statute; it authorizes a court to modify support when the circumstances of a party have changed. Section 61.08 sets the substantive standards for awarding alimony, but modification procedure runs through 61.14.

Question 3Marital and Family Law

Which standard governs the award of attorney's fees in a Florida dissolution proceeding under section 61.16?

  1. Whether the requesting party's position was substantially justified
  2. A presumption that each party bears its own fees absent misconduct
  3. The relative financial resources of the parties and their ability to pay Correct answer.
  4. The prevailing party rule applied in ordinary civil litigation

Explanation

Section 61.16 authorizes fees after considering the relative financial circumstances of the parties, including their ability to pay and need for support. The statute is remedial and aims to equalize access to counsel rather than to punish misconduct or reward the winner.

Question 4Marital and Family Law

In a Florida paternity action under chapter 742, which entity has standing to bring a petition to establish paternity?

  1. The mother, the alleged father, or the child by a next friend Correct answer.
  2. Only the alleged biological father
  3. Only the mother of the child
  4. Only the Department of Revenue on the child's behalf

Explanation

Section 742.011 permits the mother, the alleged father, or the child through a next friend or guardian to petition to determine paternity. Standing is broad because the action establishes legal rights and duties affecting the child.

Question 5Marital and Family Law

A husband and wife executed a written prenuptial agreement before their Florida wedding. Which standard governs a court's review of the agreement's enforceability under the Florida Uniform Premarital Agreement Act?

  1. Whether the agreement was approved by the court before the marriage
  2. Whether the agreement was voluntarily executed and is not unconscionable Correct answer.
  3. Whether each party had independent counsel at signing
  4. Whether the agreement provides for each party's reasonable needs

Explanation

Section 61.079 makes a premarital agreement enforceable without consideration if it is in writing, signed, and not unconscionable when executed without fair disclosure. Independent counsel is helpful but not a statutory prerequisite to enforceability.

Question 6Marital and Family Law

Which form of alimony under section 61.08 is designed to be rehabilitative, providing support for a limited period while a party obtains education or training?

  1. Rehabilitative alimony Correct answer.
  2. Durational alimony
  3. Bridge-the-gap alimony
  4. Permanent periodic alimony

Explanation

Rehabilitative alimony funds a specific plan of education, training, or reentry into the workforce and terminates at the end of the plan. Bridge-the-gap alimony addresses short-term transitional needs, and durational alimony is time-limited but not tied to a rehabilitation plan.

Question 7Marital and Family Law

In a Florida dissolution case involving minor children, which factor is expressly included in the statutory best interests analysis for timesharing under section 61.13?

  1. The demonstrated capacity of each parent to facilitate a close and continuing relationship between the child and the other parent Correct answer.
  2. The child's preference regardless of the child's age or maturity
  3. The parent who filed the dissolution petition first
  4. The parents' comparative income and earning capacity

Explanation

Section 61.13 lists the capacity and disposition of each parent to facilitate a close and continuing parent-child relationship as a statutory best interests factor. The statute also weighs other factors such as stability, moral fitness, and the child's reasonable preference depending on age and maturity.

Question 8Marital and Family Law

Which statutory provision in chapter 61 defines the circumstances under which a Florida court may order shared parental responsibility rather than sole parental responsibility?

  1. Section 61.20
  2. Section 61.15
  3. Section 61.13 Correct answer.
  4. Section 61.12

Explanation

Section 61.13 governs parenting plans, parental responsibility, and timesharing, including the standard for ordering shared or sole parental responsibility. Section 61.12 addresses the separate issue of injunctions against removal of a child.

Question 9Marital and Family Law

A Florida court is calculating child support under section 61.30 for two children. Which figure is subtracted from the parents' combined monthly net income before the guideline amount is determined?

  1. The monthly contribution to a retirement account
  2. The mortgage interest paid on the marital home
  3. The amount of any child support already being paid for children of another relationship Correct answer.
  4. The cost of the parents' own health insurance

Explanation

Section 61.30(3) permits deduction of existing support obligations actually paid for other children before applying the guideline percentages. Ordinary household expenses of the parents are not deducted from net income for this purpose.

Question 10Marital and Family Law

Under Florida law, which circumstance supports a finding that a spouse is entitled to permanent alimony following a long-term marriage?

  1. The marriage lasted 8 years and the requesting spouse is already employed at a similar salary
  2. The marriage lasted 3 years and the spouses have no minor children
  3. The marriage lasted 17 years and one spouse lacks the ability to become self-supporting at a comparable standard of living Correct answer.
  4. The marriage lasted 5 years and the spouses have equal incomes

Explanation

Section 61.08 creates a rebuttable presumption favoring permanent alimony after a long-term marriage of 17 years or more. The court must still weigh the statutory factors, including the requesting spouse's ability to become self-supporting.

Question 11Marital and Family Law

A Florida court is deciding a timesharing dispute. Which concept describes the court's preference that a child maintain regular and continuous contact with both parents when the parents live in different states?

  1. A relocation presumption favoring the parent who remains in Florida
  2. Sole parental responsibility to the custodial parent
  3. A requirement that the noncustodial parent exercise only supervised visitation
  4. Long-distance timesharing arrangements designed to preserve meaningful contact Correct answer.

Explanation

Section 61.13 requires parenting plans to address timesharing and to consider the child's need for continuity and contact with both parents, including long-distance arrangements when necessary. The statute does not create a presumption favoring the parent who remains in the state.

Question 12Marital and Family Law

A party seeks to relocate with a minor child more than 50 miles from the current residence. Under section 61.13001, what must the relocating parent do before moving?

  1. Obtain a new parenting plan from a mediator
  2. File a petition or written agreement and obtain court approval or the other parent's consent Correct answer.
  3. Provide written notice to the other parent at least 30 days before the move
  4. Register the new address with the clerk of the circuit court

Explanation

Section 61.13001 requires a relocating parent either to obtain the other parent's written consent or to petition the court for approval before relocating. A bare notice is insufficient because the statute is designed to allow the non-relocating parent an opportunity to object.

Question 13Marital and Family Law

In a Florida dissolution case, the court must classify property as marital or nonmarital. Which asset is presumptively nonmarital under section 61.075?

  1. An inheritance received by one spouse during the marriage and kept in a separate account Correct answer.
  2. A home purchased with marital funds even if titled in one spouse's name
  3. A retirement account funded from marital earnings during the marriage
  4. A vehicle purchased during the marriage using joint income

Explanation

Section 61.075 creates a presumption that assets acquired during the marriage are marital, but property acquired by gift or inheritance is nonmarital if kept separate. Commingling can overcome the presumption, so the separate account detail is significant.

Question 14Marital and Family Law

Which factor is relevant to a Florida court's equitable distribution analysis under section 61.075?

  1. The length of the marriage alone determines the percentage split
  2. The party who files first receives a presumption in favor of a larger share
  3. The contribution of each spouse to the marriage, including services as a homemaker Correct answer.
  4. The spouse who earns the higher income automatically receives a larger share

Explanation

Section 61.075 lists the contribution of each spouse to the marriage, including homemaking and child care, as a factor in achieving equity. There is no automatic rule based on income, filing order, or marriage length alone.

Question 15Marital and Family Law

A party in a Florida family law case seeks to enforce a final judgment of dissolution. Which remedy is available under section 61.14 for a willful failure to pay court-ordered support?

  1. Referral of the matter to the appellate court in the first instance
  2. Automatic reversal of the final judgment
  3. Contempt proceedings that may include coercive civil contempt sanctions Correct answer.
  4. A separate jury trial on the underlying dissolution

Explanation

Section 61.14 authorizes enforcement through contempt, and Florida courts may use coercive civil contempt to compel compliance with support orders. Criminal contempt requires additional procedural protections, but civil contempt remains the standard enforcement tool.

Question 16Marital and Family Law

A Florida court is considering a request for a domestic violence injunction under chapter 741. Which relationship satisfies the statutory definition of family or household member?

  1. Co-workers who share an office
  2. Persons who formerly resided together in the same dwelling as a family Correct answer.
  3. Neighbors who live on the same street
  4. Persons who dated once but never resided together

Explanation

Section 741.28 defines family or household members to include spouses, former spouses, persons related by blood or marriage, and persons who have resided together as a family. A single date without cohabitation generally does not fall within the definition.

Question 17Marital and Family Law

In a Florida dissolution, which requirement applies to a parenting plan for minor children under section 61.13?

  1. It must be approved by the children if they are over age 12
  2. It must include a mandatory arbitration clause
  3. It must be a written plan that details timesharing and decision-making responsibilities Correct answer.
  4. It must be prepared by a licensed psychologist

Explanation

Section 61.13 requires a written parenting plan specifying timesharing schedules and each parent's decision-making authority. The statute sets minimum contents but does not require child approval, psychological preparation, or arbitration clauses.

Question 18Marital and Family Law

A spouse wants to challenge a marital settlement agreement incorporated into a Florida final judgment. Which ground is recognized for setting aside the agreement?

  1. The parties' mutual desire to revise the agreement
  2. The agreement's failure to include an alimony provision
  3. A later change in the parties' financial circumstances
  4. Fraud, duress, coercion, or overreaching in the agreement's formation Correct answer.

Explanation

Marital settlement agreements are contracts, and Florida courts may set them aside for fraud, duress, coercion, misrepresentation, or overreaching. A change in circumstances supports modification of support terms but does not invalidate the agreement itself.

Question 19Marital and Family Law

Under Florida law, which statement correctly describes the effect of a parent's relocation without the required consent or court order?

  1. The move requires only the child's consent
  2. The move automatically terminates the other parent's parental rights
  3. The court may order the child's return and consider the unauthorized move in the best interests analysis Correct answer.
  4. The move is valid if the relocating parent sends notice after arriving

Explanation

Section 61.13001 permits the court to order a return and to weigh an unauthorized relocation against the relocating parent when determining timesharing. Parental rights are not automatically terminated, and post hoc notice does not cure the violation.

Question 20Marital and Family Law

In a Florida child support case, which method is used to impute income to a parent who is voluntarily unemployed or underemployed under section 61.30?

  1. Imputing the other parent's income to the unemployed parent
  2. Imputing income based on the parent's recent work history, occupational qualifications, and prevailing earnings in the community Correct answer.
  3. Declining to set any support until the parent finds work
  4. Imputing the state minimum wage without regard to qualifications

Explanation

Section 61.30(2)(b) allows imputation based on the parent's recent work history, qualifications, and prevailing earnings level in the community. A minimum wage figure may be a floor, but the statute requires an individualized assessment.

Question 21Marital and Family Law

A Florida court is evaluating a request for a downward deviation from the child support guidelines. Which circumstance may justify a written deviation finding under section 61.30?

  1. The paying parent's voluntary choice to change careers
  2. The paying parent's desire to maintain a higher standard of living
  3. Extraordinary medical or psychological needs of the child that are not covered by the guideline amount Correct answer.
  4. The parents' disagreement about the child's extracurricular activities

Explanation

Section 61.30(11) lists permissible grounds for deviation, including extraordinary medical, psychological, or educational needs and special needs of the child. The court must make written findings explaining the deviation amount.

Question 22Marital and Family Law

A spouse petitions for dissolution after a 6-year marriage and requests alimony. Which alimony type is most consistent with section 61.08 for a marriage of short duration where the spouse needs time to transition to self-support?

  1. Lump-sum alimony payable over 20 years
  2. Bridge-the-gap alimony for up to two years Correct answer.
  3. Rehabilitative alimony for a 10-year plan
  4. Permanent periodic alimony

Explanation

Bridge-the-gap alimony is intended for short-term transitional needs and may not exceed two years under section 61.08(5). A short marriage generally does not support permanent alimony, and rehabilitative alimony requires a specific plan.

Question 23Marital and Family Law

A Florida court is asked to enforce a child support order from another state. Which principle governs recognition of the foreign order under the Uniform Interstate Family Support Act as adopted in Florida?

  1. The enforcing state may modify the order immediately upon registration
  2. The enforcing state must apply its own guidelines retroactively
  3. The foreign order is unenforceable unless the issuing state re-litigates the matter
  4. Continuing exclusive jurisdiction remains with the issuing state while the obligor, obligee, or child resides there Correct answer.

Explanation

UIFSA, adopted in chapter 88, provides that the issuing state retains continuing exclusive jurisdiction as long as one of the relevant parties remains a resident. A registering state may enforce the order but may modify only under the statute's limited conditions.

Question 24Marital and Family Law

A parent seeks to establish paternity and obtain child support in Florida. Which evidentiary standard applies when the alleged father denies paternity and genetic testing is ordered under chapter 742?

  1. Clear and convincing evidence of paternity, supported by the statutory presumption from genetic testing results Correct answer.
  2. Probable cause based on the mother's affidavit alone
  3. Beyond a reasonable doubt
  4. A preponderance of the evidence standard without any statutory presumption

Explanation

Section 742.12 creates a rebuttable presumption of paternity when genetic testing shows a statistical probability of 95 percent or more. The court applies a clear and convincing standard to the evidence, and the presumption may be rebutted by other proof.

Question 25Marital and Family Law

A Florida court enters a final judgment that reserves jurisdiction to modify alimony. Which event most clearly supports modification under section 61.14?

  1. An involuntary and substantial reduction in the paying spouse's income caused by a documented disability Correct answer.
  2. The receiving spouse's move to another county within Florida
  3. The paying spouse's decision to remarry
  4. A routine annual cost-of-living increase in the receiving spouse's income

Explanation

Modification under section 61.14 requires a substantial, material, and involuntary change in circumstances not contemplated at the time of the judgment. A documented disability reducing income fits that standard, while ordinary fluctuations do not.

Question 26Marital and Family Law

In a Florida dissolution of marriage proceeding, which pleading initiates the case and states the relief the petitioner seeks?

  1. A summons and return of service
  2. A petition for dissolution of marriage Correct answer.
  3. A motion for temporary relief
  4. A notice of related cases

Explanation

A dissolution case in Florida is commenced by filing a petition for dissolution of marriage, which must allege the grounds and state the relief requested. The summons and return of service are process documents served after filing, and a motion for temporary relief is filed within the pending case.

Question 27Marital and Family Law

Florida's statutory no-fault ground for dissolving a marriage is that the marriage is:

  1. Voidable for fraud in the inducement
  2. Irretrievably broken Correct answer.
  3. Rendered unsupportable by adultery
  4. Characterized by extreme cruelty

Explanation

Section 61.052 recognizes only two grounds for dissolution: the marriage is irretrievably broken, or one party has been adjudged mentally incapacitated for at least three years. Fault-based conduct such as adultery or cruelty is not a ground, though it may bear on other issues.

Question 28Marital and Family Law

A Florida court entering a temporary support order during a pending dissolution must consider the same statutory factors used for which determination?

  1. Timesharing of the minor children
  2. Permanent alimony at final judgment Correct answer.
  3. Imputation of income to an unemployed spouse
  4. Equitable distribution of marital assets

Explanation

Section 61.08 directs that the factors governing permanent alimony also apply to temporary alimony awarded during the pendency of the case. Temporary support is therefore evaluated under the same enumerated criteria, though the award is interim in nature.

Question 29Marital and Family Law

Under the Uniform Child Custody Jurisdiction and Enforcement Act as adopted in Florida, which state has home state jurisdiction over a child custody matter?

  1. The state where the child lived with a parent for at least six consecutive months immediately before the proceeding Correct answer.
  2. The state where the child's grandparents reside
  3. The state where the child was born, regardless of later residence
  4. The state where the petitioning parent currently resides

Explanation

UCCJEA home state jurisdiction rests on the child having lived with a parent or person acting as a parent for at least six consecutive months immediately before the proceeding commenced. Birth state or a parent's current residence is not controlling when the child has established a different home state.

Question 30Marital and Family Law

In a Florida paternity action, which statutory mechanism allows the court to order genetic testing over a party's objection?

  1. A motion for protective order limiting discovery
  2. A motion to compel scientific testing under chapter 742 Correct answer.
  3. A motion to dismiss for failure to state a cause of action
  4. A motion for continuance of the final hearing

Explanation

Chapter 742 authorizes the court to order blood or genetic testing in a paternity proceeding, and the results are admissible to establish parentage. A party's refusal to submit can support inferences against that party.

Question 31Marital and Family Law

A Florida court entering a domestic violence injunction under chapter 741 must find that the petitioner is a victim of domestic violence or has reasonable cause to believe he or she is in imminent danger of becoming one. Which relationship qualifies for relief?

  1. Neighbors who have never cohabited
  2. Business partners who share an office
  3. Distant cousins who have never lived together
  4. Spouses or former spouses, whether or not they currently reside together Correct answer.

Explanation

Chapter 741 covers family or household members, a category that includes spouses, former spouses, persons related by blood or marriage, and persons who have resided together as a family. Business partners and unrelated neighbors fall outside that definition.

Question 32Marital and Family Law

Which document must accompany a petition for dissolution of marriage that involves minor children and addresses the children's living arrangements and parental responsibilities?

  1. A proposed parenting plan Correct answer.
  2. A notice of voluntary dismissal
  3. A quitclaim deed
  4. A satisfaction of judgment

Explanation

Section 61.13 requires that a parenting plan be filed in any dissolution involving minor children, and the plan must address timesharing, decision-making, and communication. The court approves or modifies the plan in the final judgment.

Question 33Marital and Family Law

A Florida court dividing marital assets must begin with which presumption under section 61.075?

  1. Marital assets should be distributed in proportion to each spouse's income
  2. Marital assets and liabilities should be distributed equally unless there is a justification for unequal distribution Correct answer.
  3. Marital assets should be distributed according to who holds title
  4. Marital assets should be awarded to the spouse with primary residential responsibility

Explanation

Section 61.075 creates a presumption of equal distribution of marital assets and liabilities, which the court may depart from only with written findings justifying an unequal split. Title and income are factors, but neither displaces the equal-distribution presumption.

Question 34Marital and Family Law

A spouse who seeks to set aside a marital settlement agreement on the ground that it was procured by fraud must generally file the challenge within what period after entry of the final judgment?

  1. One year Correct answer.
  2. Five years
  3. Thirty days
  4. There is no time limit

Explanation

Florida Rule of Civil Procedure 1.540(b) allows a motion for relief from judgment based on fraud, misrepresentation, or misconduct to be filed within one year after entry of the judgment. Independent actions for fraud may be subject to different limitations, but the rule-based motion carries this deadline.

Question 35Marital and Family Law

A parent ordered to pay child support voluntarily quits a job paying $70,000 to take a position paying $30,000. Under section 61.30, the court may:

  1. Reduce support to reflect the new salary automatically
  2. Impute income based on the parent's earning capacity and prior employment Correct answer.
  3. Refer the matter to the criminal division for prosecution
  4. Terminate the support obligation

Explanation

Section 61.30(2)(b) permits imputation of income when a parent is voluntarily unemployed or underemployed, based on prior employment and earning capacity. The court may then set support on the imputed figure rather than the reduced salary.

Question 36Marital and Family Law

Which circumstance supports a downward deviation from the child support guidelines under section 61.30?

  1. The obligor's voluntary decision to support an adult friend
  2. The obligor's desire to maintain a higher standard of living
  3. The obligor's preference for private school tuition not agreed to by the other parent
  4. Extraordinary medical expenses of a child that are not otherwise accounted for in the guidelines Correct answer.

Explanation

Section 61.30(11)(a) lists permissible reasons for deviating from the guidelines, including extraordinary medical, psychological, or educational needs of the child. The court must make written findings explaining any deviation.

Question 37Marital and Family Law

A spouse married for three years requests alimony. Which award is most consistent with section 61.08 for a marriage of this duration?

  1. Permanent periodic alimony
  2. Rehabilitative alimony for ten years
  3. Lump-sum alimony payable over twenty years
  4. Bridge-the-gap alimony for a limited, defined period Correct answer.

Explanation

Bridge-the-gap alimony is designed to assist a spouse with identifiable short-term needs and may not exceed two years. For a short marriage, permanent alimony is generally inappropriate, and long-term rehabilitative or lump-sum awards are inconsistent with the marriage's duration.

Question 38Marital and Family Law

A former spouse receiving alimony remarries. Under section 61.08, the remarriage:

  1. Has no effect on the alimony obligation
  2. Terminates the alimony obligation unless the judgment provides otherwise Correct answer.
  3. Requires the payor to seek modification within thirty days
  4. Suspends alimony for one year

Explanation

Section 61.08(4) provides that alimony terminates upon the remarriage of the recipient unless the judgment expressly provides otherwise. The termination is generally self-executing, though a party may seek an order confirming it.

Question 39Marital and Family Law

A Florida court is asked to enforce a child support order entered in Georgia. Under the Uniform Interstate Family Support Act, which principle governs?

  1. Continuing, exclusive jurisdiction remains with the issuing state while the obligor, obligee, or child resides there Correct answer.
  2. The enforcing state must decline jurisdiction if the obligor moves there
  3. The enforcing state may modify the order freely without regard to the issuing state
  4. The order is enforceable only after being re-litigated in Florida

Explanation

UIFSA provides that the state that issued a support order retains continuing, exclusive jurisdiction while one of the relevant parties remains a resident of that state. Florida may enforce the order but may not modify it unless the statutory criteria for modification are met.

Question 40Marital and Family Law

A party seeks to relocate with a child more than 50 miles from the current residence for at least 60 consecutive days. Under section 61.13001, the relocating parent must:

  1. File a motion to modify timesharing after relocating
  2. Notify the child's school only
  3. Obtain a new parenting plan from the court before giving notice
  4. Serve a written notice of intent to relocate on the other parent at least 60 days before the move Correct answer.

Explanation

Section 61.13001 requires a written notice of intent to relocate served on the other parent at least 60 days before the intended move, and the non-relocating parent may object within 20 days. If an objection is timely filed, the relocating parent may not move without a court order.

Question 41Marital and Family Law

In a Florida dissolution, a court entering a final judgment that does not address a marital asset:

  1. Requires the parties to file a new dissolution petition
  2. Permanently forfeits the asset to the state
  3. Automatically awards the asset to the spouse in possession
  4. Retains jurisdiction to distribute the omitted asset unless the judgment expressly reserves or disposes of it Correct answer.

Explanation

Florida law permits a court to distribute marital assets omitted from the final judgment, and the court retains jurisdiction to do so unless the judgment expressly reserves or disposes of the asset. A new petition is not required.

Question 42Marital and Family Law

A parent with majority timesharing seeks to move the child's school without consulting the other parent, whose parental responsibility is shared. Under section 61.13, the court may:

  1. Immediately terminate the parent's parental rights
  2. Award the other parent sole custody without any hearing
  3. Decline jurisdiction because school choice is a federal matter
  4. Order the parent to comply with the parenting plan's decision-making provisions and consider a modification of timesharing Correct answer.

Explanation

A parenting plan must allocate decision-making authority, and unilateral action in violation of the plan can lead to enforcement remedies and, in appropriate cases, a modification of timesharing. Termination of parental rights requires far more serious statutory grounds.

Question 43Marital and Family Law

Which factor is expressly listed in section 61.13 for determining a child's best interests in a timesharing dispute?

  1. The length of the parents' marriage
  2. The demonstrated capacity of each parent to facilitate a close and continuing relationship with the other parent Correct answer.
  3. The gender of the child
  4. The relative income of each parent

Explanation

Section 61.13(3) enumerates best-interests factors, including each parent's capacity to facilitate a close and continuing relationship with the other parent and to honor the other parent's rights. Income, gender, and marriage duration are not among the enumerated factors.

Question 44Marital and Family Law

A spouse claims an asset acquired during the marriage is nonmarital because it was purchased with funds from a premarital account. Which doctrine governs tracing?

  1. The doctrine of merger by operation of law
  2. The rule against perpetuities
  3. The best-interests-of-the-child standard
  4. The source-of-funds rule for nonmarital property Correct answer.

Explanation

Florida applies a source-of-funds analysis to determine whether property acquired during the marriage is marital or nonmarital. A spouse asserting a nonmarital character must trace the asset to a nonmarital source.

Question 45Marital and Family Law

A court is asked to modify a child support obligation because the obligor's income increased substantially. Under section 61.30, the court may modify if the change is:

  1. Requested by the child's school
  2. Substantial and involves a showing of a significant change in circumstances Correct answer.
  3. Minor and expected
  4. Based solely on the obligor's remarriage

Explanation

Modification of child support requires a substantial change in circumstances that was not contemplated at the time of the original order. A significant, permanent income increase can satisfy that standard.

Question 46Marital and Family Law

A party seeks to enforce a final judgment of dissolution through contempt. Which showing is required before the court may hold the obligor in civil contempt for nonpayment of support?

  1. The obligor's income exceeds the state median
  2. The obligor failed to appear at any hearing
  3. The obligor had the present ability to pay and willfully refused Correct answer.
  4. The obligor resides outside Florida

Explanation

Civil contempt for failure to pay support requires proof that the obligor had the ability to comply with the order and willfully failed to do so. The burden then shifts to the obligor to show inability to pay.

Question 47Marital and Family Law

A spouse in a long-term marriage of 25 years seeks permanent alimony. Which statutory factor weighs most heavily in the court's analysis?

  1. The number of vehicles owned by each spouse
  2. The spouses' political affiliations
  3. The location of the marital home relative to the courthouse
  4. The duration of the marriage and the standard of living established during it Correct answer.

Explanation

Section 61.08 directs the court to consider the standard of living established during the marriage and the duration of the marriage, among other factors. In a long-term marriage, the statutory presumption favors an award of alimony.

Question 48Marital and Family Law

A Florida court is asked to enforce a marital settlement agreement that includes a provision for attorney's fees. Which principle applies to such provisions?

  1. The court may enforce the fee provision if it was freely and knowingly entered and is not unconscionable Correct answer.
  2. Fee provisions in marital agreements are per se void
  3. Fee provisions require approval by the governor
  4. Fee provisions are enforceable only if notarized by a judge

Explanation

Marital settlement agreements are contracts, and provisions for attorney's fees are generally enforceable if the agreement was freely and knowingly entered and the provision is not unconscionable. The court reviews the agreement for procedural and substantive fairness.

Question 49Marital and Family Law

A nonresident parent is served with a Florida paternity and support petition while temporarily visiting Florida. Which basis most directly supports personal jurisdiction over that parent under section 48.193?

  1. The parent owns stock in a Florida corporation
  2. The parent vacationed in Florida ten years earlier
  3. The parent engaged in the act of sexual intercourse in Florida that resulted in the child's conception Correct answer.
  4. The parent has a Florida driver's license

Explanation

Section 48.193(1)(e) treats engaging in an act of sexual intercourse within Florida that results in the conception of a child as a basis for personal jurisdiction. This long-arm provision supports paternity and support proceedings against a nonresident parent.

Question 50Marital and Family Law

A spouse seeks to set aside a marital settlement agreement on the ground that it was unconscionable at the time of execution. Which showing is required?

  1. Only that one spouse had less income
  2. Only that the agreement was notarized
  3. Both procedural and substantive unconscionability must be shown Correct answer.
  4. Only that the agreement was unfavorable to one spouse

Explanation

Florida courts require a showing of both procedural unconscionability, such as overreaching or lack of meaningful choice, and substantive unconscionability, meaning terms that are unfair or oppressive. Mere disadvantage or income disparity is insufficient.