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NC Family Law Specialist study materials
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NC Family Law Specialist practice questions

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Question 1Family Law

Under North Carolina law, what is the minimum period of separation required before a spouse may file for absolute divorce on separation grounds?

  1. Six months
  2. Eighteen months
  3. One year Correct answer.
  4. Two years

Explanation

G.S. 50-6 requires the parties to have lived continuously separate and apart for at least one year before an absolute divorce action may be filed. The separation must be genuine and continuous, with at least one party intending the separation to be permanent.

Question 2Family Law

A married couple separates on March 1 and the husband files for absolute divorce on March 1 of the following year. Which fact is most critical to whether the one-year separation requirement is satisfied?

  1. Whether the spouses attended marital counseling during the year
  2. Whether the spouses maintained separate residences continuously with intent to remain apart Correct answer.
  3. Whether the spouses filed joint tax returns during the year
  4. Whether the spouses filed a separation agreement

Explanation

The statutory test is continuous physical separation of the spouses with at least one spouse intending the separation to be permanent. A separation agreement is not required, and joint financial activity does not necessarily defeat separation, but the parties must actually live apart throughout the period.

Question 3Family Law

In a North Carolina divorce action, the district court's authority to distribute marital property is governed by which statute?

  1. G.S. 50-13.4
  2. G.S. 50-20 Correct answer.
  3. G.S. 52C-1-101
  4. G.S. 50-16.1A

Explanation

G.S. 50-20 is the Equitable Distribution Act, which authorizes the district court to classify, value, and distribute marital and divisible property. The other cited statutes address child support, spousal support, and interstate support enforcement respectively.

Question 4Family Law

A spouse inherits $80,000 during the marriage and deposits it in an account titled solely in that spouse's name. The other spouse contributed no effort to the inheritance. How is the inheritance classified in an equitable distribution action?

  1. Marital property because it was acquired during the marriage
  2. Marital property only if it was used for family expenses
  3. Separate property because it was acquired by inheritance and kept separate Correct answer.
  4. Divisible property because its value may change after separation

Explanation

G.S. 50-20(b)(2) classifies property acquired by bequest, devise, or descent as separate property, and it remains separate if kept in a separate account without marital contribution. The timing of acquisition during the marriage does not convert an inheritance into marital property by itself.

Question 5Family Law

Which of the following is the correct standard for an unequal division of marital property in North Carolina?

  1. The court may divide unequally after considering the statutory distribution factors Correct answer.
  2. The court must divide marital property equally in every case
  3. The court may divide unequally only if the parties agree in writing
  4. The court may divide unequally only when a spouse has committed adultery

Explanation

G.S. 50-20(c) directs the court to divide marital property equally unless the court determines an equal division is not equitable, after weighing the enumerated factors. The court must make findings on the factors it considers.

Question 6Family Law

For purposes of equitable distribution, what date generally governs the classification of property as marital or separate?

  1. The date of separation Correct answer.
  2. The date the complaint is filed
  3. The date the divorce judgment is entered
  4. The date of the marriage

Explanation

North Carolina uses the date of separation to classify property, and property acquired after that date is generally separate. Divisible property captures certain passive changes in value occurring after separation.

Question 7Family Law

Which statute sets out the factors a court considers when setting child support in North Carolina?

  1. G.S. 50-20
  2. G.S. 50-13.4 Correct answer.
  3. G.S. 50-16.3A
  4. G.S. 50-5.1

Explanation

G.S. 50-13.4 governs child support and incorporates the Guidelines, which apply presumptively in most cases. Courts deviate only with written findings supporting the deviation.

Question 8Family Law

A custodial parent seeks to modify an existing child support order based on a substantial change in circumstances. Which standard applies?

  1. The parent must show a substantial change in circumstances affecting the child's needs or the parents' ability to pay Correct answer.
  2. The parent must wait until the child reaches age 18
  3. The parent must show the original order was entered by mistake
  4. The parent must show the other parent committed marital fault

Explanation

G.S. 50-13.7 permits modification upon a showing of changed circumstances so substantial and material that the existing order is not reasonable. The change must relate to the child's needs or the parents' ability to provide support.

Question 9Family Law

How long does a child support obligation generally continue in North Carolina absent an agreement or court order to the contrary?

  1. Until the child turns 21 in all cases
  2. Until the child turns 18, or until the child graduates from high school if still enrolled Correct answer.
  3. Until the child turns 16
  4. Until the child marries

Explanation

Under G.S. 50-13.4(c), the presumption is that support terminates at age 18, except that support may continue through high school graduation if the child is still enrolled and the order so provides. Support does not automatically extend to age 21 for all children.

Question 10Family Law

Which of the following best describes the legal standard for awarding primary physical custody in North Carolina?

  1. The parent chosen by the child regardless of age
  2. The parent who did not commit marital fault
  3. The best interest of the child Correct answer.
  4. The parent with the higher income is preferred

Explanation

North Carolina courts decide custody based on the best interest of the child, considering factors such as stability, the child's needs, and each parent's fitness. Income and marital fault are not determinative.

Question 11Family Law

A parent with primary custody wishes to relocate out of state with the child. What must that parent generally show to obtain court permission over the other parent's objection?

  1. Only that the move is for a better job
  2. That the relocation is in the child's best interest and will not substantially impair the other parent's visitation without justification Correct answer.
  3. That the move is within 100 miles
  4. That the other parent consents in writing

Explanation

Under the relocation framework applied in North Carolina, the custodial parent must show a good-faith reason for the move and that the move serves the child's best interest, including consideration of the impact on the noncustodial parent's visitation. A better job alone is insufficient.

Question 12Family Law

Which standard governs the entry of a temporary or permanent domestic violence protective order under G.S. 50B?

  1. The petitioner must show clear and convincing evidence only
  2. The petitioner must prove the allegations beyond a reasonable doubt
  3. The petitioner must show by a preponderance of the evidence that an act of domestic violence occurred and that a protective order is necessary Correct answer.
  4. The petitioner must show probable cause that a crime occurred

Explanation

G.S. 50B-3 authorizes a protective order when the court finds by a preponderance of the evidence that the respondent committed an act of domestic violence. The order may include a range of remedies tailored to the parties' circumstances.

Question 13Family Law

Which of the following persons may petition for a domestic violence protective order under G.S. 50B-2?

  1. Only a person who has filed criminal charges
  2. Only a spouse currently living with the respondent
  3. Any person who fears a neighbor
  4. A person who has a personal relationship with the respondent as defined by statute Correct answer.

Explanation

G.S. 50B-1 defines a personal relationship to include current or former spouses, persons who have lived together, parents of the same child, and current or former dating partners. The petitioner must allege an act of domestic violence by a person with whom such a relationship exists.

Question 14Family Law

What is the maximum duration of an initial domestic violence protective order entered after notice and hearing under G.S. 50B-3?

  1. Five years
  2. One year Correct answer.
  3. Six months
  4. Two years

Explanation

An initial protective order under G.S. 50B-3 is effective for up to one year, though it may be renewed for additional periods if the court finds grounds. Ex parte emergency orders are shorter and set for hearing within ten days.

Question 15Family Law

Which of the following is a statutory ground for alimony in North Carolina?

  1. The supporting spouse earns more than $100,000 per year
  2. The spouses have lived apart for 30 days
  3. The dependent spouse has primary custody of the children
  4. The dependent spouse lacks sufficient means to maintain the standard of living established during the marriage and the supporting spouse has the ability to pay Correct answer.

Explanation

G.S. 50-16.3A authorizes alimony when one spouse is actually substantially dependent or substantially in need of maintenance and the other spouse is able to pay. Marital fault may bar or affect the award but is not itself a ground.

Question 16Family Law

A dependent spouse engaged in adultery during the marriage. How does this affect an alimony claim in North Carolina?

  1. It creates a presumption in favor of alimony
  2. It has no effect on alimony
  3. It permits alimony only if the supporting spouse also committed adultery
  4. It bars alimony entirely Correct answer.

Explanation

Under G.S. 50-16.3A(a), a dependent spouse who engages in illicit sexual behavior during the marriage is barred from alimony. If both spouses engaged in such behavior, the court may still award alimony in its discretion.

Question 17Family Law

Which of the following best describes postseparation support under G.S. 50-16.1A?

  1. A final, permanent support award
  2. A property division remedy
  3. Temporary support to a dependent spouse until the alimony claim is resolved Correct answer.
  4. A form of child support

Explanation

Postseparation support is temporary spousal support intended to meet the reasonable needs of a dependent spouse until the court rules on alimony or the claim is otherwise resolved. It is not a final property or child support remedy.

Question 18Family Law

A court enters an order requiring a parent to pay child support and later the parent's income increases substantially. What must the other parent show to obtain an increase?

  1. That the child has changed schools
  2. A substantial change in circumstances affecting the child's needs or the parent's ability to pay Correct answer.
  3. Only that the parent's income increased
  4. That the parent has remarried

Explanation

G.S. 50-13.7 requires a showing of changed circumstances so substantial and material that the existing order is unreasonable. A mere income increase may support modification when it materially affects the support calculation, but the movant must make the required showing.

Question 19Family Law

Which of the following is a valid ground for divorce from bed and board in North Carolina?

  1. Abandonment of the family Correct answer.
  2. Irreconcilable differences
  3. A spouse's desire to relocate
  4. A difference in religious beliefs

Explanation

G.S. 50-7 lists fault-based grounds for divorce from bed and board, including abandonment, adultery, cruel or barbarous treatment, and indignities. Irreconcilable differences is not a statutory ground for this limited divorce.

Question 20Family Law

What legal effect does a divorce from bed and board have on the marital status of the parties?

  1. It converts the marriage into a domestic partnership
  2. It automatically terminates all property rights
  3. It dissolves the marriage
  4. It does not dissolve the marriage but grants legal separation and related relief Correct answer.

Explanation

Divorce from bed and board is a limited divorce; it does not terminate the marriage. It permits the court to address support, custody, and related matters while the parties remain married until an absolute divorce is entered.

Question 21Family Law

A spouse files for absolute divorce while an equitable distribution claim is pending. What is the effect of the divorce judgment on the equitable distribution claim if it was properly pleaded and preserved?

  1. The claim is converted into an alimony claim
  2. The claim must be refiled within 30 days
  3. The claim survives and may be resolved after the divorce Correct answer.
  4. The equitable distribution claim is automatically dismissed

Explanation

Under G.S. 50-11, an equitable distribution claim properly pleaded and preserved survives entry of an absolute divorce. Counsel must ensure the claim is pending so the court retains jurisdiction to distribute property.

Question 22Family Law

Which of the following describes the role of a parenting coordinator in a North Carolina custody case?

  1. The coordinator replaces the guardian ad litem in all cases
  2. The coordinator assists the parties in implementing the custody order and resolving disputes within the court's authority Correct answer.
  3. The coordinator sets child support amounts
  4. The coordinator decides custody disputes without court review

Explanation

Parenting coordinators are appointed under G.S. 50-90 et seq. to help parties implement custody orders and resolve conflicts, subject to the court's authority. Their decisions are reviewable, and they do not replace the court's role or set support.

Question 23Family Law

Which of the following is required for a valid premarital agreement in North Carolina under the Uniform Premarital Agreement Act?

  1. The agreement must be approved by each party's attorney
  2. The agreement must be signed in the presence of a judge
  3. The agreement must be notarized and filed with the court
  4. The agreement must be in writing and signed by both parties Correct answer.

Explanation

G.S. 52B-3 requires a premarital agreement to be in writing and signed by both parties; consideration is not required. Notarization, court filing, and attorney approval are not statutory prerequisites.

Question 24Family Law

A party seeks to enforce a separation agreement that includes a provision for child support. How does North Carolina law treat that provision?

  1. It is enforceable only if the court finds it consistent with the child's best interest Correct answer.
  2. It is enforceable only if notarized
  3. It is enforceable as a contract without court review
  4. It is void because parents cannot contract for child support

Explanation

While separation agreements are generally enforceable as contracts, provisions affecting children, including child support and custody, are subject to court review and approval based on the child's best interest. Courts retain authority to modify child-related terms.

Question 25Family Law

Which of the following is a recognized method of establishing paternity in North Carolina?

  1. A letter from a physician
  2. A properly executed affidavit of parentage or a court adjudication Correct answer.
  3. A statement by the mother alone
  4. A baptismal record

Explanation

Paternity may be established through a properly executed affidavit of parentage, a court order, or legitimation, among other statutory methods. Informal statements or records not authorized by statute do not establish legal paternity.

Question 26Family Law

Under North Carolina law, a married couple may obtain an absolute divorce on which basis without any waiting period beyond the statutory separation requirement?

  1. Adultery proven by two witnesses
  2. Six months of separation plus corroborating testimony
  3. Incurable insanity for three years
  4. One year of continuous separation with the intent to remain separate Correct answer.

Explanation

G.S. 50-6 permits absolute divorce where the parties have lived separate and apart for one continuous year with at least one party intending the separation to be permanent. Fault grounds such as adultery no longer support absolute divorce in North Carolina. Corroborating testimony is an evidentiary requirement, not an alternative ground.

Question 27Family Law

A court entering an equitable distribution order must first classify and value all property before distributing it. Which statement accurately reflects the statutory presumption applied to property acquired during the marriage?

  1. Property acquired during the marriage is presumed separate if acquired in one spouse's name
  2. Property acquired during the marriage is presumed marital regardless of the source of funds
  3. Property acquired during the marriage is presumed marital unless proven to be separate by the greater weight of the evidence Correct answer.
  4. Property acquired during the marriage is presumed marital only if titled jointly

Explanation

G.S. 50-20(b) establishes a presumption that property acquired during the marriage is marital property, rebuttable by the greater weight of the evidence showing it is separate. Separate property includes property acquired before marriage or by gift or inheritance during the marriage. The presumption does not turn on how title is held.

Question 28Family Law

During equitable distribution, a spouse claims a pension benefit earned partly during the marriage. How does North Carolina law generally treat a defined-benefit pension with both premarital and marital service?

  1. The marital portion is determined by coverture or another method apportioning the marital share Correct answer.
  2. The pension is excluded because it is a future expectancy
  3. The entire pension is marital because it is paid during the marriage
  4. The entire pension is separate because it was earned by one spouse's labor

Explanation

North Carolina courts treat pension benefits as marital to the extent they were earned during the marriage, using coverture or another reasonable apportionment method. The nonemployee spouse's share is typically expressed as a percentage of the marital fraction. A pension is not excluded merely because benefits are contingent or paid later.

Question 29Family Law

A divorcing spouse wants to set aside assets transferred to a family member shortly before the equitable distribution action began. Which legal theory is most directly available under North Carolina law to recover those assets?

  1. Unjust enrichment in the absence of any marital claim
  2. Antenuptial waiver of property rights
  3. Breach of the covenant of good faith and fair dealing
  4. Constructive fraud under the marital fraud doctrine Correct answer.

Explanation

North Carolina recognizes marital fraud, a form of constructive fraud, allowing the court to set aside or account for transfers made to defeat a spouse's marital property rights. The other theories do not squarely address transfers intended to deprive a spouse of equitable distribution. Recovery requires showing the transfer was made with the requisite intent or without consideration.

Question 30Family Law

Which factor is expressly listed in G.S. 50-20(c) for the court to consider when making an unequal division of marital property?

  1. The relative fault of the parties in causing the separation
  2. The number of prior marriages of each party
  3. The parties' religious affiliations
  4. The length of the marriage and the age and health of the parties Correct answer.

Explanation

G.S. 50-20(c) lists factors including the duration of the marriage, the age and health of the parties, and each spouse's income and earning capacity. Marital misconduct is not an enumerated distributive factor. The statute directs the court to weigh relevant economic and circumstantial factors.

Question 31Family Law

A court is determining whether a spouse is a dependent spouse for alimony. Which standard governs that determination?

  1. The spouse has custody of minor children
  2. The spouse earns no income at all
  3. The spouse is substantially dependent on the other spouse for maintenance and support or is substantially in need of maintenance Correct answer.
  4. The spouse has been married for at least ten years

Explanation

G.S. 50-16.1A defines a dependent spouse as one substantially dependent on the other spouse for maintenance and support or substantially in need of it. The test is economic dependence, not a fixed income threshold or marriage duration. Custody status alone does not establish dependence.

Question 32Family Law

A supporting spouse seeks to terminate an alimony obligation after the dependent spouse remarries. What is the effect of the remarriage under North Carolina law?

  1. Alimony is reduced by half automatically
  2. Alimony continues until the original order expires
  3. Alimony continues unless the court finds a substantial change in circumstances
  4. Alimony terminates by operation of law upon remarriage of the dependent spouse Correct answer.

Explanation

Under G.S. 50-16.9, alimony terminates upon the remarriage of the dependent spouse, and the supporting spouse may seek termination of the obligation. The statute also addresses cohabitation, which requires a showing rather than automatic termination. Remarriage itself ends the alimony obligation.

Question 33Family Law

Which statement accurately describes the tax treatment of alimony under current federal law for a divorce decree executed after 2018?

  1. Alimony is deductible by the payor and includible in the payee's income
  2. Alimony is deductible only if the decree recites the deduction
  3. Alimony is includible by the payee only if payments exceed $50,000 annually
  4. Alimony is neither deductible by the payor nor includible in the payee's income Correct answer.

Explanation

The Tax Cuts and Jobs Act repealed the alimony deduction and inclusion rules for divorce or separation instruments executed after December 31, 2018. Payments under those instruments are neither deductible by the payor nor income to the payee. The prior rules continue to apply to older instruments not modified to adopt the new treatment.

Question 34Family Law

A party seeks a domestic violence protective order and requests an ex parte emergency order. What must the court find to enter a protective order without notice to the respondent?

  1. That there is a danger of serious and immediate injury or that the respondent is likely to intimidate or retaliate against the petitioner Correct answer.
  2. That the parties have minor children in common
  3. That the petitioner has filed a prior 50B action
  4. That the respondent has been convicted of a crime

Explanation

Under G.S. 50B-2, an ex parte order may issue without notice upon a finding of danger of serious and immediate injury or that the respondent is likely to intimidate or retaliate against the petitioner. The order is temporary and a hearing follows. Prior litigation or a criminal conviction is not the statutory trigger.

Question 35Family Law

A domestic violence protective order is entered and the respondent violates it by contacting the petitioner. What is the principal civil consequence available to the court under G.S. 50B?

  1. The court must dismiss the underlying order
  2. The court may only refer the matter for criminal prosecution
  3. The court may extend the order by one day only
  4. The court may hold the respondent in contempt and impose sanctions Correct answer.

Explanation

A violation of a valid protective order may be punished through the court's contempt power, including civil or criminal contempt sanctions. Criminal prosecution is also possible but is not the only remedy. The court is not required to dismiss the order.

Question 36Family Law

Which statement best describes the standard for awarding custody in North Carolina when the parties dispute custody?

  1. The court presumes custody to the mother of a young child
  2. The court awards custody to the parent with the higher income
  3. The court applies the tender years doctrine
  4. The court applies the best interest of the child standard Correct answer.

Explanation

G.S. 50-13.2 directs the court to award custody based on the best interest of the child. North Carolina has rejected gender-based presumptions such as the tender years doctrine. Income alone does not determine custody.

Question 37Family Law

A noncustodial parent is ordered to pay child support and later loses a job. The parent files a motion to modify. What must the parent generally show to obtain modification?

  1. A substantial change in circumstances affecting the child's needs or the parent's ability to pay Correct answer.
  2. That the child has reached a new grade level
  3. That the parent has moved to a different county
  4. That the custodial parent has remarried

Explanation

Modification of a child support order requires a showing of a substantial change in circumstances affecting the child's needs or the parent's ability to pay. Involuntary job loss may support modification if the change is substantial and not self-inflicted. The other facts are not legal grounds for modification.

Question 38Family Law

Which of the following is a correct statement about the North Carolina Child Support Guidelines?

  1. They apply to all cases regardless of the parties' combined adjusted gross income
  2. They apply only in cases involving three or more children
  3. They apply presumptively when combined adjusted gross income is within the guideline range, subject to rebuttal Correct answer.
  4. They apply only when the parties agree to them

Explanation

The guidelines are presumptive when the parties' combined adjusted gross income falls within the range set by the guidelines, but the presumption may be rebutted by evidence. Above the guideline range, the court may set support on a case-specific basis. Agreement of the parties is not a prerequisite.

Question 39Family Law

A parent ordered to pay child support fails to make payments and the custodial parent seeks enforcement. Which remedy is available under North Carolina law?

  1. Cancellation of the support obligation
  2. Forfeiture of the parent's separate property to the state
  3. Automatic termination of the parent's visitation rights
  4. Contempt proceedings and income withholding Correct answer.

Explanation

North Carolina provides enforcement mechanisms including contempt and wage withholding under G.S. 50-13.4 and related provisions. Support and visitation are separate obligations, so visitation is not automatically terminated for nonpayment. The obligation is not canceled by nonpayment.

Question 40Family Law

A putative father signed an affidavit of parentage at the hospital. Later he wants to challenge paternity. What is the general legal effect of a properly executed affidavit of parentage in North Carolina?

  1. It is conclusive and cannot be challenged
  2. It applies only if the mother agrees
  3. It creates a rebuttable presumption of paternity Correct answer.
  4. It has no legal effect until a court order is entered

Explanation

An affidavit of parentage executed under G.S. 110-132 creates a presumption of paternity that may be rebutted through the statutory procedures, including genetic testing. It is not automatically conclusive. Court action is not required for the affidavit to have effect.

Question 41Family Law

A party wants to challenge a separation agreement on the ground that it was procured by fraud. Within what general framework does North Carolina treat such an agreement?

  1. As a contract subject to ordinary contract defenses Correct answer.
  2. As a gratuitous promise without legal effect
  3. As a court order immune from challenge
  4. As a statute-based decree that cannot be set aside

Explanation

Separation agreements are contracts and are generally enforceable under contract principles, subject to defenses such as fraud, duress, and unconscionability. They are not court orders merely because they address marital issues. A valid agreement supported by consideration has legal effect.

Question 42Family Law

A separation agreement includes a child custody provision. How does North Carolina law treat that provision?

  1. It is void and has no effect
  2. It is enforceable only if notarized
  3. It is a factor the court considers but the court retains authority to determine custody Correct answer.
  4. It is binding on the court and cannot be modified

Explanation

Parties may agree on custody, but the court retains authority to determine custody based on the best interest of the child. A custody provision in a separation agreement is therefore not binding on the court in the same way as a property settlement. Notarization does not determine enforceability.

Question 43Family Law

Which of the following is required for a valid premarital agreement under the Uniform Premarital Agreement Act as adopted in North Carolina?

  1. The agreement must be approved by a district court judge
  2. The agreement must be witnessed by two disinterested persons
  3. The agreement must be in writing and signed by both parties Correct answer.
  4. The agreement must be filed with the register of deeds

Explanation

The Uniform Premarital Agreement Act, codified at G.S. 52B, requires a premarital agreement to be in writing and signed by both parties. Judicial approval and filing are not prerequisites to validity. Witnesses are not required by the statute.

Question 44Family Law

A premarital agreement waives alimony rights. Under G.S. 52B, which circumstance may render such a waiver unenforceable?

  1. The agreement addressed property as well as alimony
  2. The agreement was signed before the wedding ceremony
  3. The party against whom enforcement is sought did not execute the agreement voluntarily or lacked fair and reasonable disclosure Correct answer.
  4. The parties had a short engagement

Explanation

G.S. 52B-7 permits enforcement unless the party challenging the agreement proves it was not executed voluntarily or that there was no fair and reasonable disclosure of the other party's property and financial obligations. Length of engagement and timing before the wedding do not invalidate the agreement.

Question 45Family Law

Which of the following is a valid ground for divorce from bed and board under North Carolina law?

  1. Indignities rendering the marriage intolerable Correct answer.
  2. Voluntary separation for six months
  3. Irreconcilable differences
  4. A no-fault breakdown of the marriage

Explanation

G.S. 50-7 lists fault-based grounds for divorce from bed and board, including indignities that render the spouse's condition intolerable and life burdensome. North Carolina does not recognize irreconcilable differences or a no-fault breakdown as grounds for this action. Six months of separation is not a statutory ground.

Question 46Family Law

A spouse obtains a divorce from bed and board. What is the effect on the parties' marital status?

  1. The parties may not later seek absolute divorce
  2. The parties remain married but are legally separated Correct answer.
  3. The marriage is void
  4. The marriage is dissolved

Explanation

A divorce from bed and board is a judicial separation, not a dissolution of the marriage. The parties remain legally married and may later seek an absolute divorce. The action does not void the marriage or bar a subsequent absolute divorce.

Question 47Family Law

A party seeks to enforce a separation agreement's alimony provision. Which principle governs the court's review of the agreement's terms?

  1. The court enforces the plain terms of the agreement as a contract Correct answer.
  2. The court must disregard the agreement if one party has less income
  3. The court may rewrite the agreement to achieve fairness
  4. The court applies the equitable distribution factors instead

Explanation

North Carolina courts enforce separation agreements according to their plain terms as contracts, absent a defense such as fraud or unconscionability. The court does not rewrite the agreement to achieve a fair result. Equitable distribution factors do not displace the parties' agreement.

Question 48Family Law

A court is considering a parenting coordinator in a high-conflict custody case. What is the coordinator's role under North Carolina law?

  1. To conduct psychological evaluations of the parents
  2. To assist the parties in implementing the custody order and resolving disputes within the scope of authority set by the court Correct answer.
  3. To decide custody and modify court orders
  4. To represent the child's legal interests in court

Explanation

A parenting coordinator assists the parties in implementing the custody order and resolving disputes, with authority defined by the court's appointment order. The coordinator does not decide custody or modify orders. Representing the child is the role of a guardian ad litem, and evaluations are performed by qualified evaluators.

Question 49Family Law

A custodial parent wants to relocate to another state with the child over the other parent's objection. What must the custodial parent generally establish?

  1. That the other parent consents in writing
  2. That the move is required by an employer
  3. That the child prefers the move
  4. That the move is in the child's best interest and made in good faith Correct answer.

Explanation

In a relocation dispute, the custodial parent generally must show a good-faith reason for the move and that relocation serves the child's best interest. Employer requirement, written consent, or the child's preference are not the governing test, though the child's wishes may be a factor.

Question 50Family Law

A party seeks relief for domestic violence and also wants the court to award possession of the residence and temporary custody. Which statute provides the procedural framework for these requests?

  1. G.S. 52C, the family law arbitration statute
  2. G.S. 50-13.5, the custody statute
  3. G.S. 50-20, the equitable distribution statute
  4. G.S. 50B, the Domestic Violence Act Correct answer.

Explanation

The Domestic Violence Act, G.S. 50B, authorizes protective orders that may include possession of the residence, temporary custody, and other relief. The custody and equitable distribution statutes address separate claims. Arbitration statutes do not provide emergency protective relief.