Family Court: Dividing Property
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Review Questions

§7.05 Review Questions—Education Loans

1. Education loan payments generally must be assigned to the spouse who received the education and are not a community liability.

True
False

2. Katherine and Jeff married in 1992. Jeff worked as a police officer and earned $4,400 per month. Karen was a nurse and worked on a varying per diem schedule. While employed as a police officer, Jeff enrolled in law school in 1994. He filed for dissolution in 1999. At that time Jeff had one semester to go in law school, and had a 2.2 GPA. The couple paid $12,000 during the marriage for Jeff’s education expenses. Jeff states he went to law school to further his education and has no plans to take the bar exam or practice as an attorney. Does Jeff’s education substantially enhance his earning capacity within the meaning of FC §2641(b)(1)?

Yes, his law degree, like a medical, dental, or accounting degree, may be presumed to substantially enhance earning capacity.
No, it is speculative to assume Jeff’s earning capacity is substantially enhanced, and thus no reimbursement is required.

3. There is a rebuttable presumption that the community did not substantially benefit from community contributions to the education or training of one spouse made:

(a) Fewer than 5 years before the commencement of the proceeding.
(b) Fewer than 10 years before the commencement of the proceeding.
(c) Fewer than 15 years before the commencement of the proceeding.
   
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