NYLE - New York Law Exam NY Matrimonial & Family Law 1

Question 1

Under the Child Support Standards Act (CSSA), DRL § 240(1-b), what is the basic child support percentage of combined parental income applied when there is one child?

Accepted Answer

17%

Answer

15%

Answer

20%

Answer

25%

Question 2

Under DRL § 230, which of the following independently satisfies New York's residency requirement to maintain a divorce action?

Accepted Answer

The parties were married in New York and at least one spouse has been a continuous resident for one year preceding the action

Answer

One spouse has been a New York resident for at least six months immediately preceding the filing

Answer

Both spouses must have been New York residents for at least two years before filing

Answer

One spouse is a current New York resident at the time of filing with no durational requirement

Question 3

Under DRL § 7, which of the following renders a New York marriage voidable rather than void ab initio?

Accepted Answer

One spouse lacked the mental capacity to consent at the time of the marriage

Answer

One spouse was already lawfully married to a living person at the time of the ceremony

Answer

The parties are brother and sister

Answer

The parties are parent and child

Question 4

Under DRL § 170(6), after a couple executes a valid written separation agreement, how long must the parties live separately pursuant to that agreement before either may convert the separation into a divorce?

Accepted Answer

One year

Answer

Six months

Answer

Two years

Answer

Three years

Question 5

Under DRL § 236(B)(1)(d), which of the following constitutes separate property not subject to equitable distribution in a New York divorce?

Accepted Answer

A cash gift received by one spouse from a third party during the marriage

Answer

Wages earned by one spouse during the marriage

Answer

A cooperative apartment purchased with both spouses' salaries during the marriage

Answer

The appreciation in a marital asset attributable to one spouse's active efforts

Question 6

Under New York Family Court Act § 842, which of the following directives may properly be included in a final order of protection issued by the Family Court?

Accepted Answer

A directive that the respondent stay away from the petitioner's home, school, and place of employment

Answer

An award of compensatory money damages to the petitioner for past physical injuries

Answer

A criminal conviction entered against the respondent on the record

Answer

A permanent termination of the respondent's parental rights