Free NY Bar Family Law Questions and Answers

Question 1

In New York, what is the primary legal standard for determining child custody?

Accepted Answer

The best interest of the child

Answer

The wishes of the child

Answer

The income of the parents

Answer

The parent's religious beliefs

Question 2

Under New York law, how is child support typically calculated?

Accepted Answer

Based on the parents' income and needs of the child

Answer

By dividing the family’s total assets equally

Answer

By a fixed amount set by statute

Answer

Based on the non-custodial parent’s income alone

Question 3

What is required for a divorce to be granted under New York's no-fault divorce law?

Accepted Answer

Proof that the marriage has been irretrievably broken for at least six months

Answer

Proof of adultery

Answer

Proof of extreme cruelty

Answer

Proof of abandonment for at least one year

Question 4

In New York, what is the legal effect of a separation agreement?

Accepted Answer

It is a legally binding contract that outlines terms of separation but does not end the marriage

Answer

It automatically converts into a divorce decree after one year

Answer

It is a declaration of divorce if signed by both parties

Answer

It is a temporary order that expires after six months

Question 5

What is the New York law regarding spousal support (maintenance) during a divorce?

Accepted Answer

Spousal support is awarded based on the need and ability to pay, and the duration can vary

Answer

Spousal support is automatically awarded to the lower-earning spouse

Answer

Spousal support is determined based on a set formula and is mandatory

Answer

Spousal support is only awarded if there is evidence of fault