NYLE Matrimonial & Family Law 5

Question 1

Under New York's equitable distribution law, when is a court NOT required to make an equal division of marital property?

Accepted Answer

Always — equitable distribution means fair, not necessarily equal

Answer

Equitable distribution means just and fair, not necessarily 50/50; courts consider statutory factors to reach a distribution that is equitable under the circumstances.

Question 2

A New York court orders a parent to pay child support. The obligor parent later becomes voluntarily unemployed. How will the court likely treat the obligor's income for support purposes?

Accepted Answer

The court will impute income based on earning capacity

Answer

New York courts may impute income to a voluntarily unemployed or underemployed parent based on that parent's earning capacity to prevent support evasion.

Question 3

In a New York divorce proceeding, the court appoints an attorney for the child (AFC) in a custody dispute. The AFC's primary obligation is to:

Accepted Answer

Advocate for the child's expressed wishes unless doing so would be harmful

Answer

Under 22 NYCRR Part 7, the attorney for the child is required to zealously advocate for the child's expressed wishes, substituting the AFC's judgment only when the child lacks capacity or advocacy would cause serious harm.

Question 4

Which of the following would most likely constitute 'cruel and inhuman treatment' sufficient for a fault divorce in New York?

Accepted Answer

A pattern of physical or emotional abuse that endangers physical or mental well-being

Answer

Cruel and inhuman treatment requires a course of conduct that endangers the physical or mental well-being of the complaining spouse, making continued cohabitation unsafe or improper.

Question 5

Under the CSSA, which of the following is NOT automatically included in the basic child support calculation?

Accepted Answer

Educational expenses for private school

Answer

Private school educational expenses are an add-on that courts may order in addition to basic child support, not an automatic component of the base calculation.

NYLE - New York Law Exam Practice Test

NYLE - New York Law Exam Practice Test

NYLE Matrimonial & Family Law 5