FAMILY LAW EXAM
Spring 2003

UNIVERSITY OF BALTIMORE
SCHOOL OF LAW

Examination # _____________

FINAL EXAM COVER SHEET

FAMILY LAW FINAL EXAMINATION
(716/311)

Professor Jane C. Murphy
Spring 2003

Final Exam grades in this course will not be posted but will be available on MyUB (online).

** PLEASE HAVE THIS SHEET DATE- AND TIME-STAMPED WHEN YOU PICK UP AND WHEN YOU RETURN YOUR FINAL EXAMINATION.

_____ May Graduate

 

UNIVERSITY OF BALTIMORE
SCHOOL OF LAW

FAMILY LAW FINAL EXAMINATION
(716/311)

Professor Jane C. Murphy
Spring 2003

Instructions: (1) This is a take-home examination. You may use only the Weisberg & Appleton text, Murphy's Supplemental Materials, class handouts and PowerPoints*, and any personally generated notes to assist you in answering the questions in this examination. Use of Westlaw, Lexis, or any other outside sources is prohibited. Discussion of the examination prior to its submission with anyone, either within or without the University of Baltimore School of Law, is strictly prohibited.

(2) Please note the weight given to each question and allocate time and space on the exam accordingly. (i.e., the greater the number of points, the greater the time and pages.) Please type exam responses double-spaced on 8 2 x 11 inch white paper with left and right margins of one inch each. Fonts must be no smaller than 12 characters per inch. Place your examination number in the upper right-hand corner of each page and number the pages. You should be able to complete the exam in about 8 pages, but your response to the questions should not exceed 10 pages, including the child support worksheet. PROOFREAD!!

(3) Read each question carefully. I strongly recommend outlining answers before you write and allowing time to revise, polish and proofread your answers. Be concise, clear, and well organized. Your answers should reflect learning derived from your involvement in the course. I will grade based on how accurately you cite and apply the law to the facts presented and on how perceptively you discuss the legal and policy issues raised by the facts.

(4) You must use the first page of the examination as a cover sheet for examination responses. Remember to have this page date- and time-stamped when you pick up and when you return the final examination. Note on cover page whether you are a May graduate.

(5) You must submit exam responses to the examination control room (Room 210) within forty-eight hours of the time you pick up the exam. Personnel in the exam control room must date and time stamp the exam cover sheet when you pick up and when you return your exam. I will reduce the grade for any exam turned in beyond the forty-eight hour period. You must turn in all exams by 9:00 p.m. on Friday, May 16, 2003.

Return exam with your answers.

*A set of PowerPoints shown in class are available on the Family Law link on my website: http://home.ubalt.edu/ntasjane/ and at the reserve desk in the Law Library.

QUESTION I (50 points)

Question I.

Bonnie comes to you, an attorney licensed in Maryland, seeking advice about her divorce. Bart and Bonnie were married in Philadelphia, Pennsylvania in 1998 and moved to Rockville, Maryland in March, 2002. In 2000, they adopted twin girls who are now three years old. In addition, Bonnie has a 10 year old son from another relationship who is in the custody of his father and for whom she pays $500 in child support each month pursuant to a court order. Bonnie has worked as a salaried employee at an architectural firm since 1993. Her annual salary has climbed from $45,000 to $120,000 during her employment with the firm but was reduced substantially in 2002. She has earned only $4,000 a month for the last year because of the drop in commercial real estate. Although the firm covers her health insurance, she pays $100.00 a month for the children's health insurance. She has a pension from the architectural firm currently valued at $100,000. In addition, she has income of about $100.00 a month from interest on a savings account she opened in her name from an inheritance from a favorite aunt. She has not made any deposits since opening the account when she received the bequest in 2000.

Bonnie was married in the early 90's to a very wealthy man. Although they were only married for a brief time, he agreed to pay her alimony of $500.00 a month for 10 years when they divorced in 1998.

Bart has struggled in various jobs during their marriage but began a career as a salesman in 2001 and earned $60,000 each of the last two years. He has contributed to an IRA since 1999 and the account is currently valued at $10,000.

Although Bonnie and Bart have been growing apart for some time, Bonnie feels the situation in her marriage has become 'intolerable' in the last year. She's concerned Bart has developed a drinking problem. Bonnie begged him to go to Alcoholics' Anonymous but he refused. During the last year, Bart has also worked long hours and late nights and has become verbally abusive to Bonnie. During the evening before she came to see you, he became physically abusive for the first time, pushing her to the floor and causing her nose to bleed. She has frequent headaches and has just begun treatment by a psychiatrist for depression related to her mental problems. She has asked Bart to move out of the home they share but he refuses. She is particularly angry about this because the family home, titled as tenants by the entirety, was purchased in 2000 with a large down payment provided by her parents. It is now valued at $100,000 and has no outstanding mortgage.

Advise Bonnie on the following issues:

(1) Does she have any immediate legal remedies that would force Bart to move out of the house? (5 points)

(2) What, if any, grounds does she have for an absolute divorce now or in the future? (10 points)

(3) What are her rights to the property the parties have acquired during the marriage?
Is either party entitled to a monetary award? If so, what amount would you seek or expect Bart to seek in court and why? What arguments would you make on Bonnie's behalf to maximize her share of marital property? (20 points)

(4) Assuming Bart agrees she can have sole physical custody of the twins, would it be advisable for her to agree to joint legal custody? (5 points)

(5) Bonnie has no interest in alimony but would like Bart to assist in paying child support for the twins. Assuming she has sole physical custody, how much would she be entitled to in child support from Bart? (Use attached Child Support Worksheet to respond to this section) (10 points)

QUESTION II (20 points)

The saga of Bart and Bonnie continues. Assume all the facts in Question I exist but adding to Bonnie's woes are frequent phone calls from Sheila her mother-in-law (Bart's mother) since Bonnie filed for divorce from Bart. Sheila is trying to get Bart and Bonnie to agree to allow her to visit the twins under a written schedule (every other Saturday). Sheila has told Bonnie she doesn't want to get "completely cut off" from the children after the divorce. Although Sheila lives in Baltimore, she has only seen the twins once or twice a year since they were adopted and does not have a close relationship with either of them. Neither Bart nor Bonnie get along with Sheila. Although they are in conflict about a lot of issues, both Bart and Bonnie agree they should resist all efforts by Sheila to get a court-ordered visitation schedule.

Bonnie comes to you again for advice as to whether Sheila is likely to prevail if she brings a threatened legal action for visitation of the twins. Advise her. (20 points)

QUESTION III (30 points)

Harry and Wendy, having lived together for ten years in Maryland, are considering the possibility of marriage. Harry is particularly anxious to marry because he gave up his career as a chef several years ago at Wendy's request and has just turned 55 and is beginning to worry about his future. Wendy is a vice-president of a U.S. corporation in charge of overseas operations. As a result, she has to travel extensively as well as entertain foreign guests in the home she owns and shares with Harry. Harry has been very supportive of Wendy's career, traveling with Wendy and assisting with entertaining the couples' professional and personal guests.

After the marriage discussion with Harry, Wendy consults an accountant. She is less enthusiastic about the marriage when she learns that her marriage to Harry may result in approximately $10,000 in additional federal tax liability per year if Harry ever goes back to his old job as a chef. The federal income tax rates are so arranged that under some circumstances a man and woman who both have income will pay more in income tax when they are married than when they are single and living together. In other words, the tax rates may create a financial disincentive to marry.

(a) Wendy consults you, her attorney, about a potential federal lawsuit challenging
the "marriage penalty." Is there any legal theory to support such a lawsuit and, if
so, is it likely to be successful? (10 points)

Assume Wendy is not successful in challenging the federal income tax code and, as a result, she refuses to marry Harry. To appease him, she promises "to always stand by" him. They have a "ceremony" at the vacation home owned and maintained by Wendy's corporation in South Carolina in which they gather with all their friends, refreshments are served and at some point a particular friend comes before the group and gives a short account of the lives of Harry and Wendy, and asks everyone to celebrate their relationship. Their friends had originally thought the couple were planning to marry but were happy to just celebrate the longstanding relationship instead.

Shortly after the ceremony, Wendy meets another man on a trip to Paris and decides she wants him to move in with her. She comes to you again and asks whether:

(b) She will have any continuing obligation to support Harry after their separation. (10 points)

(c) Whether the fact that for the last five years she and Harry have spent the months of July and August at the corporate vacation retreat in South Carolina (assume South Carolina recognizes common law marriage) will affect Harry's potential right to support. (10 points)

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