NYLE Matrimonial & Family Law 4

Question 1

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?

Accepted Answer

The court may apply the CSSA percentage or consider the statutory factors to determine support on the excess

Answer

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).

Question 2

A divorce settlement agreement incorporates but does not merge a spousal maintenance provision. What is the primary consequence?

Accepted Answer

The provision survives as an independent contract enforceable in contract actions

Answer

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.

Question 3

In New York, which of the following factors is expressly listed in DRL §240 for a court to consider in awarding custody?

Accepted Answer

Domestic violence in the household

Answer

New York courts are required to consider domestic violence as a factor in custody determinations under DRL §240(1)(a).

Question 4

A child born in New York to unmarried parents has a presumed father who is not the biological father. Under New York law, who may challenge the presumption of paternity?

Accepted Answer

Only the presumed father or the biological father

Answer

New York courts have held that only the presumed father or the biological father generally have standing to challenge the presumption of paternity, balancing finality and the child's interests.

Question 5

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?

Accepted Answer

A finding of abuse or neglect after a fact-finding hearing

Answer

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.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Matrimonial & Family Law 4