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Table of Contents     Cover     Featured Article

MCLE Test and Answer Sheet

Test No. 83: Children Of Fortune  (April 2000 LA Lawyer)

Instructions for Obtaining MCLE Credits
The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour.


1.Study the CLE article in this issue.


2.Answer the test questions by marking the appropriate boxes. Each question has only one answer. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced.

3.Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055
Make checks payable to Los Angeles Lawyer.

4.You can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5.Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6.For future reference, please retain the CLE test materials returned to you.
Test Sheet 
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. Child support in California is determined by an algebraic formula based on the high earner's gross income.
True.
False.

2. Mandatory child support is determined by a national guideline created by the federal government.
True.
False.

3. In cases in which the court has no jurisdiction to award spousal support, the legislature has declared that all children have a right to share in their parents' life style so long as the amount does not "substantially benefit" the custodial parent such that the result is "unjust or inappropriate."
True.
False.

4. Child support is based on both parents' ability to pay and the needs of the child.
True.
False.

5. The presumptions established by the legislature concerning child support may only be rebutted by clear and convincing evidence.
True.
False.

6. The U.S. Department of Agriculture 1998 Annual Report, "Expenditures on Children by Families," contains the guideline to determine if a child's needs are being met.
True.
False.

7. In paternity cases, as distinguished from marital cases, one parent has an absolute right to the other parent's tax returns and life style information.
True.
False.

8. The "escape clause" established by the legislature is the only mechanism available to rebut mandatory child support.
True.
False.

9. While California tax returns are always discoverable in child support proceedings, federal tax returns remain privileged.
True.
False.

10. Johnson v. Superior Court holds that before a court may vary from mandated guidelines it must have enough information to make the "least beneficial assumptions" regarding the support-paying parent's income.
True.
False.

11. A motion for a protective order must contain:
A. Evidence of the child's actual needs.
B. The least beneficial assumptions.
C. A copy of the Dissomaster calculation.
D. Evidence that a good faith effort has been made to settle the matter.

12. The determination that a party is an extraordinarily high-income earner is
A. A function of an algebraic formula based on the net disposable income of the party.
B. Necessary before the court may vary from guideline support.
C. Determined in camera from tax returns.
D. Only to be made when discovery is unduly burdensome.

13. The use of assumptions least favorable to the support-paying parent was first suggested in:
A. McGinley v. Herman.
B. Johnson v. Superior Court.
C. White v. Marciano.
D. The legislative history to Family Code Section 3552.
E. Estevez v. Superior Court.

14. The Johnson court established a two-prong test to resolve discovery disputes.
True.
False.

15. According to the U.S. Department of Agriculture 1998 Annual Report, "Expenditures on Children by Families," housing costs make up what percentage of total expenditures?
A. 35 percent.
B. 39 percent.
C. 29 percent.
D. 41 percent.

16. The mandatory guideline support must be ordered unless a party establishes that:
A. The needs of the child are met with less.
B. The parent makes more than $10 million a year.
C. The amount is inappropriate.
D. The party has extraordinarily high income.
E. None of the above.

17. There can be no discovery once a parent has admitted that he or she can pay all the child's reasonable needs.
True.
False.

18. If a court varies from the guidelines, it must state orally (though it need not be on the record) the amount of support that would have been ordered but for the use of the escape clause.
True.
False.

19. The amount a parent actually spends is irrelevant once the court has enough information to make the assumptions least favorable to the support-paying parent.
True.
False.

20. Johnson holds that if an assumption unfavorable to a paying parent may be made in the absence of discovery, no discovery should be granted.
True.
False.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

  
Before hitting the "Submit" button please verify that all questions have been answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.

   
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