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  Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association
 
 

November 2012     MCLE Test and Answer Sheet

Test No. 219: Families at War

 
 

Instructions for Obtaining MCLE Credit

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. To apply for credit, please follow the instructions.

1. Study the CLE article.

2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $20 testing fee ($25 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. Texas has more military bases than any other state.
 True.
 False.

2. If an active-duty member of the military is served with notice of a family law proceeding, the Servicemembers Civil Relief Act (SCRA) allows for:
 A. Dismissal without prejudice if specified conditions are met.
 B. Suspension of the proceeding until 30 to 90 days after the date the member is discharged from active duty.
 C. A stay in the proceeding until 10 days after the service member returns from active duty.
 D. All of the above.

3. For purposes of establishing personal jurisdiction over a service member, the member's domicile may be presumed to be the state from which the service member entered the military.
 True.
 False.

4. Under the Uniformed Services Former Spouse's Protection Act (USFSPA), the state in which a service member is sued for the division of the pension plan must be the state where he or she has 1) established residence (other than because of military assignment), 2) established domicile, or 3) provided consent.
 True.
 False.

5. If a service member consents to California having jurisdiction over the issues of custody and support, he or she must also consent to California's jurisdiction over the division of his or her pension.
 True.
 False.

6. Under certain circumstances, a military service member may appear at child custody proceedings via telephone, video teleconferencing, Skype, or the Internet.
 True.
 False.

7. A letter requesting a stay from a service member's commanding officer shall include a statement that the service member's current military duty prevents appearance and that military leave is not authorized at the time.
 True.
 False.

8. If a service member requests that the stay in the proceedings be extended beyond a 90-day period and the court denies the request, the court must appoint counsel to represent the service member's interests.
 True.
 False.

9. Upon motion by a service member, a court may set aside a judgment resulting from the service member's default.
 True.
 False.

10. In order to set aside a default, a service member must demonstrate within 90 days that military service materially affected the service member's ability to defend the action and that he or she has a meritorious defense to the action.
 True.
 False.

11. Federal law allows a state court to consider military allowances for food and housing as nontaxable income for purposes of determining support.
 True.
 False.

12. The Federal Preemption Act allows a service member's food and housing allowances to be garnished and taxed.
 True.
 False.

13. If military duty prevents a service member from exercising custody or visitation rights, the court may grant reasonable visitation rights to a stepparent, grandparent, or other family member.
 True.
 False.

14. A court may grant reasonable visitation rights to a stepparent, grandparent, or other family member upon the request of that family member.
 True.
 False.

15. If a service member is deployed and wants to seek a modification of child support, the local child support agency may appear in court on behalf of the service member.
 True.
 False.

16. The USFSPA allows for the collection of up to 65 percent of the service member's disposable retired pay to meet arrearages of child support, spousal support, and attorney's fees.
 True.
 False.

17. A splitting of military retirement pay is not mandated by the USFSPA unless:
 A. The parties were married at least 10 years.
 B. During the marriage, at least 10 years of service credit was earned toward retirement benefits.
 C. A and B.
 D. Neither A nor B.

18. Federal law provides that a military insurance policy is the service member's separate property, regardless of the source of premium payments.
 True.
 False.

19. A court can make an order regarding the beneficiary of a service member's military life insurance policy.
 True.
 False.

20. Any court orders for a division of a military member's retirement benefits must be served on the secretary or designated agent of the member's service branch.
 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 clicking the Submit button, please verify that all questions have been answered. An error message will appear if not all questions are 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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