Matrimonial & Family Law Flashcards
7 cards from real NYLE practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Matrimonial & Family Law flashcards as text
Under New York's Child Support Standards Act, child support is calculated on combined parental income up to a statutory cap. What happens to income above the cap?
Answer: The court may apply the CSSA percentage or consider the statutory factors to determine support on the excess
For income above the CSSA cap, courts have discretion to either apply the percentage or consider the enumerated factors in DRL §240(1-b)(f).
A divorce settlement agreement incorporates but does not merge a spousal maintenance provision. What is the primary consequence?
Answer: The provision survives as an independent contract enforceable in contract actions
When a provision is incorporated but not merged, it survives as a separate contract, giving the recipient an additional breach-of-contract remedy but limiting the court's power to modify it absent fraud or overreaching.
In New York, which of the following factors is expressly listed in DRL §240 for a court to consider in awarding custody?
Answer: Domestic violence in the household
New York courts are required to consider domestic violence as a factor in custody determinations under DRL §240(1)(a).
Under Family Court Act 516-a, after the 60-day rescission period, a signed voluntary acknowledgment of paternity may be challenged in court only on which grounds?
Answer: Fraud, duress, or material mistake of fact
A voluntary acknowledgment of paternity becomes a legal finding of paternity after 60 days (or on the date of a proceeding relating to the child, if earlier). After that it may be challenged in court only on the basis of fraud, duress or material mistake of fact, with the burden on the challenger (FCA 516-a(b)(ii); Public Health Law 4135-b).
Under the Family Court Act, which of the following is required before a court may place a child in foster care based on abuse or neglect?
Answer: A finding of abuse or neglect after a fact-finding hearing
Before a child can be placed in foster care, the Family Court must conduct a fact-finding hearing and make a finding of abuse or neglect by a preponderance of the evidence.
In New York, which of the following is true about grandparent visitation rights?
Answer: A court may grant grandparent visitation only upon a showing of equitable circumstances and best interests
Under DRL §72, grandparents may petition for visitation if they show equitable circumstances (such as death of a parent or denial of access) and that visitation is in the child's best interests.
Under New York law, a separation agreement between spouses must be:
Answer: In writing, subscribed by both parties, and acknowledged before a notary
DRL §236(B)(3) requires a separation agreement to be in writing, signed by both parties, and acknowledged before a notary in the same manner as a deed.