Family Quiz

What is a claimant?

an individual or entity joined or trying to be joined as a party to a case

When does the Court acquire jurisdiction over the Respondent?

upon effectuation of service and the filing of the Proof of Service or appearance of the Respondent in an action

What are the different types of service (for Family Law actions)?

- Personal Service

- Substituted Service

- Service by Mail with Notice and Acknowledgement of Receipt

- Service by Certified Mail

- Service by Publication

- Service by Posting

How many days must pass before the Petitioner may request default?

30 days

Can a Petitioner's Preliminary Declaration of Disclosure be waived?

no

Who qualifies for a summary dissolution?

couples that have been married for less than 5 years

What must happen when there is a commissioner?

all parties must sign the Stipulation for Court Commissioner prior to the commissioner hearing argument or calling the case for hearing (one time per party for entirety of case)

What is the Case Management System used in Family Law?

Enterprise Justice (Odyssey Navigator)

What are the 4 sections of Enterprise Justice? (and know how to identify them)

- main menu

- left panel list view

- right (main) panel work area

- command legend

What Enterprise Justice tab can you add a case flag or a related case?

the detail tab

What Enterprise Justice tab allows you to view past and future court dates?

the hearings tab

What does ECR stand for and what is it used for?

Enterprise Custom Reports and it's used to generate the family law calendar

What tense are minute orders written in?

present tense

What are the 4 C's of communication for minute orders?

clear, concise, complete, correct

What are the 4 components of the motion formula? (VERBATIM)

1. Who made the motion

2. Format: Oral or Written

3. Type of Motion

4. Court's ruling: Granted or Denied

Clerk Edition

a separate minute order application for data entry by Judicial Assistants, which was designed to work alongside Enterprise Justice (Odyssey Navigator)

Core Activity

an activity that sends data back to Enterprise Justice (Odyssey Navigator)

Custom Activity

an activity that has custom fields for minute order language

Session

a court hearing calendar pulled from the family law Case Management System (CMS) department sessions

Macro

a group of activities that can be selected and prefilled to populate minute order language

Refresh Button

counterclockwise arrow that allows the user to do a manual refresh

What petitions can be filed to end a marriage or domestic partnership?

- Dissolution

- Legal Separation

- Nullity

- Summary Dissolution

- Joint Petition for Divorce or Legal Separation

How long must parties wait for entry of judgment with a dissolution petition?

6 months and 1 day after court acquired jurisdiction over both parties

What are the grounds for a nullity to be granted?

the court must find that the marriage was void or voidable

When are paternity actions confidential?

those filed prior to January 1st, 2023 are confidential; those filed after January 1st, 2023 are not confidential

What are the financial issues that can be addressed in paternity actions?

child support or attorney's fees

What form is used for the parties to exchange their Declarations of Disclosure?

FL-141 (Declaration Re: Service of Declaration of Disclosure & Income and Expense Declaration)

Can Declarations of Disclosure be waived?

the preliminary Declaration cannot be waived, the final Declaration can be waived

What are the 3 types of judgments in Dissolution and Paternity actions?

- Default Judgment

- Stipulated Judgment

- Contested Judgment

How many days can pass before a Petitioner can request a default against a Respondent?

30 days after service

Who can file a Request for Order?

either party, the Petitioner or the Respondent

What type of Family Law proceeding is considered criminal in nature?

an Order to Show Cause re: Contempt (because the punishment can go up to jail time)

What rights does a citee have in an OSC re: Contempt matter?

the right against self-incrimination, a right to counsel, a right to cross-examine witnesses, and a right to a speedy trial after arraignment

How much does it cost for a party to file a Request for Domestic Violence Restraining Order?

$0

How much does it cost to file a Responsive Declaration to a Request for Order?

$0

What must happen if a Request for Order is filed asking for orders regarding custody or visitation (even if they're asking for modification)?

the parties must attend mediation before the hearing on the Request for Order is held

What is the difference between sole and primary physical custody?

with sole physical custody the other party has no visitation; with primary physical custody the other party has some visitation with the minor

What different scenarios can the Court order when it comes to custody?

Joint or Sole legal custody; Joint, Sole, or Primary physical custody

How are child and spousal support calculated?

by using a software program called XSpouse

What is the Gavron Warning?

it tells the party receiving income that they must make a good faith effort to gain employment; failure to do so may result in the Court terminating or modifying spousal support

What are arrears?

past due child or spousal support

Where should wage garnishments for child support be made payable to?

SDU (State Disbursement Unit)

What happens with debts that parties acquire during the marriage?

it's considered community debt

What is the QDRO (Qualified Domestic Relations Order)?

an order issued by the Court regarding the division of a pension or retirement account

What services do Family Court Services (FCS) provide?

mediation, child interviews, parenting plan assessments (PPA)

What do you need to know if the Court is ordering the payment of minor's counsel and it is privately paid?

the percent each party is paying

What do you need to know if the Court is ordering a PACE appointment for minor's counsel?

the level of appointment (tier 1, 2, etc.)

What must happen when a PPA is ordered regarding forms?

the JA must prepare the necessary forms and then the forms must be given to the parties to fill out and collected if provided in court (or they may be completed and submitted electronically)

How many PPA slots does each courtroom/department have per month?

2 slots

What is the Sanchez Waiver?

states that any hearsay objections to the Family Law Services specialist testimony are waived. FCS-007