Quiz 2

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Session Ten Quiz 2 1. The Spousal Support Advisory Guidelines are not the law, but the judge or master would probably look at the guidelines to help make his/her decision about the amount of spousal support a. True b. False 2. In relation to the Divorce Act, of the following options, choose two things that an order made or an interim order that provides for the support of a spouse should do. a. Apportion between the spouses any financial consequences arising from the case of any child of the marriage over and above any obligation for the support of any child of the marriage b. The conduct of spouses c. Relieve any economic hardship of the spouses arising from the breakdown of the marriage 3. In relation to the Divorce Act, before the court makes a variation order in respect of a spousal support order, the court shall satisfy itself that a change in the condition, means, needs, or other circumstances of either former spouse has occurred since the making of the spousal support order or the last variation order made in respect of that order, and, in making the variation order, the court shall take that change into consideration. a. True b. False 4. In relation to the Family Law Act, the amount and duration of spousal support, if any, must be determined on consideration of the conditions, means, needs, and other circumstances of each spouse, including the length of time the spouses lived together, the functions performed by each spouse during the period they lived together, and an agreement between the spouses, or an order, relating to the support of either spouse. a. True b. False 5. In relation to the Family Law Act, of the following options, choose two matters that may be provided for in support orders a. That expenses arising from and incidental to prenatal care of a nother or child, or the birth of a child, be paid, except in relation to the prenatal care of a surrogate b. That the past conduct of a spouse be taken into consideration c. That child support or spousal support be paid respecting any period of time before the date the application order is made,

Session Ten 6. In relation to the Divorce Act, where a court is considering an application for a child support order and an application for a spousal support order, the court shall give priority to spousal support in determining the applications. a. True b. False 7. Each parent and guardian of a child has a duty to provide support for the child, unless the child is a spouse, or is under ______ years of age, and has voluntarily withdrawn from his or her parrent’s / guardian’s charge, except if the child withdrew because of family violence or because the child’s circumstances were, considered objectively, intolerable. a. 20 b. 21 c. 19 8. In relation to the Family Law Act, of the following options, choose two things the court must be satisfied of before making an order changing, suspending or terminating orders respecting child support. a. Evidence oof a substantial nature that was not available during the prevuios hearing has become available b. Evidence of financial disclosure by a party was discovered after the last order was made c. A change in circumstances, as provided for in the child support guidelines, has occurred since the order respecting child support was made 9. ___________ help families and children entitled to maintenance (child support and spousal support) under maintenance orders or agreements a. Family maintenance enforcement program b. Family maintenance execution program c. Family care enforcement program 10. The Provincial Court Act permits certain provincial court registries to be designated registries of the Supreme Court so that a provincial court judge at that location can make interim orders for custody, access, or support under the Divorce Act a. True b. False 11. Of the following options, choose two things that are considered to determine what is in the best interests of a child. a. Any civil or criminal proceeding not relevant to the child’s safety, security, or well-being.

Session Ten b. The nature and strength of the relationships between the child and significant persons in the child’s life c. The impact of any family violence on the child’s safety, security, or well-being, whether the family violence is directed towards the child or another family member. 12. Adult children will typically continue to qualify as children of marriage if they are able to support themselves or are in full-time attendance at university or college. a. True b. False 13. ________- has jurisdiction to determine custody in a divorce proceeding commenced in BC a. BC Supreme Court b. BC Provincial Court c. BC Court of Appeal 14. In relation to the Divorce Act and making an order for custody, the court shall take into consideration the past conduct of any person a. True b. False 15. _____ is the right of child, not a right of parent, and maximum contact with both parents is presumed to be beneficial to a child a. Custody b. Guardianship c. Access 16. _______- are those who may exercise guardianship and allocation of rights and obligations that go along with guardianship a. Parental responsibilities b. Parental tasks c. Parenting time 17. A person with contact does have decision making authority a. True b. False 18. In relation to the Family Law Act, if an agreement or order provides a party with custody or guardianship of a child, the party has _______ of the child and has parental responsibilities and parenting time with respect to the child, or access to, but not custody or guardianship of, a child, the party has ____-- with a child. a. Contact; guardianship b. Custody; contact

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Session Ten c. Guardianship; contact 19. A person who is not presumed to be a guardian may apply to be appointed as a guardian of a child a. True b. False 20. Of the following options, choose two parental responsibilities a. Receiving and responding to any notice that a parent or guardian is entitled or required by law to receive b. Making decisions respecting the child’s education and participation in extracurricular activities, excluding the nature, extent and location c. Making decisions respecting the child’s cultural, linguistic, religious and spiritual upbringing and heritage, including, if the child is an aboriginal child, the child’s identity. 21. Which legislation governs the division of property in family law? a. Both FLA and DA b. Family law act c. Divorce act 22. Subject to an agreement or order that provides otherwise spouses are both entitled to family property and responsible for family debt, regardless of their respective use or contribution, and on separation, each spouse has a right to an undivided half interest in all family property as a joint tenant, and is equally responsible for family debt a. True b. False 23. Of the following options, choose two examples of family property a. The amount by which the value of excluded property has increased since the later of the date the relationship between the spouses began, or the excluded property was acquired b. Money of a spouse in an account with a financial institution c. A settlemet or an award of damages to a spoyse as compensation for injurt or loss, ynless the settlemet or award represents compensation for loss to both spouses, or lost income of a psouse. 24. Of the following options, choose two examples of excluded family property a. A spouse’s entitlement under an annuity, a pension plan, a retirement savings plan or an income plan b. Property acquired by a spouse before the relationship between the spouses began

Session Ten c. Money paid or payable under an insurance policy, other than a policy respecting property, except any portion that represents compensation for loss to both spouses, or lost income of a spouse. 25. An example of personal property is a Volkswagen jetta a. True b. False 26. The court can decide not to equally divide property where it would be ______- not to a. Significantly fair b. Significantly unfair c. Significantly biased 27. Of the following options, cchoose two factors the court takes into account if they decide not to equally divide property. a. Tax liabilities arising from transfer of an asset b. Did a spouse act in good faith to defeat the other spouse’s claims c. The parties mental capacity to work 28. What is an interim order? a. An order which finalizes a divorce b. A fonal and binding order from the court c. A short-term temporary order from the court 29. Exclusive occupancy is available in Provincial Court a. True b. False 30. The test for exclusive occupancy required supporting material to demonstrate that the shared use of the matrimonial home was a practical impossibility, and that, on a balance of pribablitie, the applicatnt is the preferred occupant a. True b. False 31. Of the following options, choose two things a court can require a person to do when making an order respecting the residence a. Require a party to make payments respecting rent, mortgage, specified utilities, taxes, insurance and other expenses related to the residence b. Require a party to attend the residence and take their belongings c. Prohibit a party from terminating specified utilities for a residence 32. A lawyer who does not take steps to ensure that assets are preserved may be negligent a. True b. False 33. A(n) ________- is a claim against a property by a person who is not the owner

Session Ten a. Statutory right of way b. Encumbrance c. Certificate of pending litigation 34. If the BCSC is satisfied that it will not be harmful to interests of a psouse and is necessary for apurpose listed below, they may make an order for an interim distribution of family property to provide money to fund a family dispute resolution, all or part of a proceeding under this Act, or obtaining of information or evidence in support of a family dispute resolution or an application to a court. a. True b. False 35. Of the following options, choose two criteria to set aside or replace property agreements a. A spouse did understand the nature or conseuqnces of the afreement b. A spouse failed to disclose significant property or debts, or other information relevant to the negotiation of the agreement c. A spouse took imporoper advantage of the other spouse’s vulnerability, inclysing the other spouse’s ignorance, need, or distress, 36. If parentage of a child is denied in a proceeding for an order for child support, the court may determine the parentage issue, on the balance of probabilities, as part of the proceeding for that order. a. True b. False 37. If a male person denies responsibility on the basis that he is not the father of the child, the court must presume that the male person is the father of the child if the person was cohabitating with the mother of the child in a relationship of some permanence at the time of the birth of the child, or the child is born within ___________ days after the person and the mother ceased to cohabit a. 200 days b. 400 days c. 300 days 38. If a punitive parent named under an order fails to comply with the order, the court may draw any inference from that failure that the court considers appropriate. a. True b. False 39. In relation to maintenance orders, an enforcement officer may demand information from any person, but not from a public body (i.e. government) a. True b. False

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Session Ten 40. In which of the following situations will information be classed as “privileged information” a. Personal correspondence between a boyfriend and girlfriend b. Personal correspondence between the person against whom assistance is requested and a prent, child, spouse, brother or sister of that person c. Information in possesson or control of a friend

Quiz 2

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