NY Matrimonial & Family Law Flashcards

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.

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.

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.

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.

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.

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.

Under DRL Article 5-A (DRL 75 et seq.), New York has adopted which uniform law regarding child custody jurisdiction?

Answer: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

New York adopted the UCCJEA (DRL §§ 75-78), which governs interstate jurisdiction over child custody determinations.

Under New York law, what is the effect of a prenuptial (antenuptial) agreement on equitable distribution?

Answer: It may validly waive or modify equitable distribution rights if executed with full disclosure and without fraud, duress, or overreaching

Under DRL § 236(B)(3), prenuptial agreements are enforceable in New York if they are in writing, acknowledged, and executed without fraud, duress, or overreaching, with fair and reasonable disclosure.

Under New York Family Court Act Article 10, what must a petitioner prove to establish child neglect?

Answer: That the child's physical, mental, or emotional condition has been impaired or is in imminent danger of impairment due to the parent's failure to exercise a minimum degree of care

FCA § 1012(f) defines a neglected child as one whose physical, mental, or emotional condition has been impaired or is in imminent danger of impairment as a result of the parent's failure to exercise a minimum degree of care.

Under New York law, what is required for a valid adoption?

Answer: Consent of the birth parents (or termination of parental rights), a home study, court approval, and a finding that the adoption is in the best interests of the child

DRL Article 7 requires consent of the birth parents (unless rights have been terminated), an investigation/home study, and court approval finding the adoption in the child's best interests.

Under New York's Family Court Act Article 8, what remedies are available in a family offense proceeding?

Answer: Orders of protection, which may include stay-away provisions, exclusive possession of the residence, and participation in batterer's programs

Family Court may issue orders of protection with various conditions including stay-away orders, exclusive use of the home, custody provisions, counseling, and batterer's intervention programs.

Under New York law, how is paternity established when the parents are not married?

Answer: By an acknowledgment of paternity signed by both parents or by a court order of filiation based on genetic testing

Paternity may be established voluntarily through an acknowledgment of paternity (signed by both parents at the hospital or later) or involuntarily through a Family Court proceeding (order of filiation) that may include genetic testing.