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NY Matrimonial & Family Law Flashcards

6 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 6 NY Matrimonial & Family Law flashcards as text

  1. Under New York Domestic Relations Law (DRL) § 170, what is the no-fault ground for divorce?

    Answer: The relationship between husband and wife has broken down irretrievably for at least six months

    DRL § 170(7) provides that a divorce may be granted when the relationship has broken down irretrievably for at least six months, as stated by one party under oath.

  2. Under New York law, what standard governs child custody determinations?

    Answer: The best interests of the child

    New York courts determine custody based on the best interests of the child, considering all relevant factors without a presumption favoring either parent.

  3. Under DRL § 236(B), how does New York classify property in equitable distribution?

    Answer: As either marital property (subject to distribution) or separate property (retained by the owning spouse)

    New York is an equitable distribution state that classifies property as marital (acquired during marriage) or separate (acquired before marriage, by gift, or inheritance), with only marital property subject to distribution.

  4. Under New York law, what is a maintenance (alimony) award based on after the 2015 amendments?

    Answer: A statutory formula based on the parties' incomes, with the court retaining discretion to deviate based on enumerated factors

    DRL § 236(B)(6) provides a formulaic calculation for maintenance based on the parties' incomes, with the court having discretion to deviate based on factors such as the duration of the marriage and the standard of living.

  5. Under New York Family Court Act, what types of proceedings may be brought in Family Court?

    Answer: Custody, support, paternity, family offenses, juvenile delinquency, PINS, and child protective proceedings

    New York Family Court has jurisdiction over custody, visitation, child and spousal support, paternity, family offenses, juvenile delinquency, PINS (Person in Need of Supervision), child protective proceedings, and adoption.

  6. Under New York law, what is the Child Support Standards Act (CSSA) formula for calculating basic child support?

    Answer: A percentage of the combined parental income applied to the non-custodial parent's pro rata share

    The CSSA (DRL § 240(1-b)) applies a percentage to combined parental income (17% for one child, up to 35% for five or more), then allocates the obligation based on each parent's pro rata share of income.