NYLE NY Matrimonial & Family Law — Questions and Answers

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

The relationship between husband and wife has broken down irretrievably for at least six months (Correct answer)
The parties have lived apart for at least one year
Mutual consent without any waiting period
Incompatibility as determined by a court evaluation

Correct 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.

DRL § 170(7), enacted in 2010, provides for no-fault divorce in New York. Either party may allege under oath that the relationship has broken down irretrievably for a period of at least six months. However, before a judgment is granted, all ancillary issues (equitable distribution, maintenance, child custody, child support, counsel fees) must be resolved by agreement or court determination. Fault-based grounds (cruel and inhuman treatment, abandonment, imprisonment, adultery) remain available under DRL § 170(1)-(6).

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

The best interests of the child (Correct answer)
Automatic preference for the mother
Equal physical custody divided 50/50
Preference for the parent with higher income

Correct 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 § 240 and case law (particularly Eschbach v. Eschbach), New York courts determine custody based on the best interests of the child. Factors include: the quality of the home environment, the parents' ability to provide for the child's needs, the child's wishes (depending on age and maturity), the mental and physical health of the parents, stability and continuity of the child's life, each parent's ability to foster the child's relationship with the other parent, and any history of domestic violence. There is no presumption favoring either parent based on gender.

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

As either marital property (subject to distribution) or separate property (retained by the owning spouse) (Correct answer)
All property owned by either spouse is divided equally
Only real property is subject to distribution; personal property is kept by its owner
Property is distributed based on which spouse holds legal title

Correct 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 DRL § 236(B)(1)(c)-(d), marital property includes all property acquired by either spouse during the marriage, regardless of title, except separate property. Separate property includes property acquired before marriage, by inheritance or gift from third parties, personal injury compensation, and property described as separate in a written agreement. The court distributes marital property equitably (not necessarily equally) considering factors including income and property at marriage, duration of marriage, health and age, loss of inheritance or pension rights, contributions as homemaker, and wasteful dissipation of assets (DRL § 236(B)(5)(d)).

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

A statutory formula based on the parties' incomes, with the court retaining discretion to deviate based on enumerated factors (Correct answer)
A fixed percentage of the higher-earning spouse's income in all cases
The court's unfettered discretion with no guidelines
Maintenance is only available if the marriage lasted more than 10 years

Correct 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 the 2015 maintenance reform (DRL 236(B)(6), effective for actions commenced on or after January 25, 2016), New York uses a formulaic approach: the court calculates a guideline amount based on the parties' incomes up to an income cap on the payor (adjusted every two years; $241,000 effective March 1, 2026). The guideline amount is presumed correct unless the court finds it unjust or inappropriate; the duration schedule is advisory: marriages of 0-15 years, 15-30% of the marriage length; more than 15 up to 20 years, 30-40%; over 20 years, 35-50%. The court may deviate based on the enumerated statutory factors.

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

Custody, support, paternity, family offenses, juvenile delinquency, PINS, and child protective proceedings (Correct answer)
Only divorce and dissolution proceedings
Only criminal domestic violence cases
Only adoption proceedings

Correct 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 the Family Court Act (FCA), New York Family Court has jurisdiction over: (1) custody and visitation (FCA Article 6), (2) child support and spousal support (FCA Articles 4, 5), (3) paternity (FCA Article 5), (4) family offenses/domestic violence (FCA Article 8), (5) juvenile delinquency (FCA Article 3), (6) PINS (FCA Article 7), (7) child protective proceedings (FCA Article 10), (8) adoption (DRL Article 7), and (9) guardianship. Notably, Family Court does NOT have jurisdiction over divorce — matrimonial actions must be brought in Supreme Court. However, Supreme Court may refer ancillary issues to Family Court.

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

A percentage of the combined parental income applied to the non-custodial parent's pro rata share (Correct answer)
A flat monthly amount set by the legislature
The court's discretion based solely on the child's expressed needs
Each parent pays exactly half of documented child expenses

Correct 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 240(1-b), the CSSA applies specified percentages to combined parental income: 17% for one child, 25% for two, 29% for three, 31% for four, and at least 35% for five or more. Combined parental income up to the statutory cap ($193,000 effective March 1, 2026; adjusted every two years) is subject to the formula. Each parent's share is prorated based on their percentage of combined income. The court has discretion for income above the cap. Add-on expenses (child care, health care, and in the court's discretion educational expenses) are shared pro rata. The court may deviate from the formula based on the statutory factors.

Question 7: Under DRL Article 5-A (DRL 75 et seq.), New York has adopted which uniform law regarding child custody jurisdiction?

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Correct answer)
The Uniform Probate Code
The Uniform Commercial Code
The Uniform Interstate Family Support Act

Correct 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.

New York adopted the UCCJEA in 2002 (DRL Article 5-A, DRL 75 to 78-a), replacing the prior UCCJA. The UCCJEA establishes rules for initial and continuing jurisdiction over child custody matters. The child's 'home state' (where the child lived with a parent for six consecutive months before the proceeding) has priority jurisdiction. Once a state makes a custody determination, it retains exclusive continuing jurisdiction until the child and parents no longer reside there (or a court determines there is no longer a significant connection). The UCCJEA also provides enforcement mechanisms including registration of out-of-state orders and expedited enforcement proceedings.

Question 8: Under New York law, what is the effect of a prenuptial (antenuptial) agreement on equitable distribution?

It may validly waive or modify equitable distribution rights if executed with full disclosure and without fraud, duress, or overreaching (Correct answer)
Prenuptial agreements are unenforceable in New York
It automatically overrides all statutory provisions regardless of fairness
It is only enforceable if approved by a court before the marriage

Correct 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 DRL § 236(B)(3), prenuptial agreements in New York must be in writing, subscribed by the parties, and acknowledged in the manner required for a deed to be recorded. Courts will enforce them unless there was fraud, duress, or overreaching in execution, or unconscionability at the time of execution. Full financial disclosure is expected, though not explicitly required by statute — lack of disclosure supports claims of overreaching. The agreement may address property division, maintenance, and other financial matters, but cannot predetermine child custody or support as those are always subject to the court's determination of the child's best interests.

Question 9: Under New York Family Court Act Article 10, what must a petitioner prove to establish child neglect?

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 (Correct answer)
That the parent intentionally caused physical injury to the child
That the parent failed to provide luxury goods or private education
That the parent has a criminal record

Correct 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 FCA § 1012(f), child neglect occurs when a child's physical, mental, or emotional condition is impaired or in imminent danger of impairment because the parent or guardian failed to exercise a minimum degree of care in providing food, clothing, shelter, education, or medical care (though unable to do so is not neglect), or failed to provide proper supervision or guardianship. The standard is 'minimum degree of care,' which courts have interpreted as what a reasonable and prudent parent would do. This is lower than the abuse standard (FCA § 1012(e)), which requires intentional physical injury, sexual abuse, or serious physical injury. Proceedings are brought by the Administration for Children's Services (ACS).

Question 10: Under New York law, what is required for a valid adoption?

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 (Correct answer)
Only the agreement of the adoptive parents and the child
A biological relationship between the adoptive parent and child
Approval by the Department of Social Services without court involvement

Correct 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 DRL §§ 111-116, a valid adoption requires: (1) consent of the birth parents, which may be judicial or extra-judicial (DRL § 111), unless parental rights have been terminated for abandonment, neglect, or other grounds; (2) an investigation and home study by an authorized agency; (3) a petition filed in Surrogate's Court or Family Court; and (4) a court determination that the adoption is in the best interests of the child. Birth parents may revoke consent within a specified period (30 days for extra-judicial consent, or as set by the court). Second-parent adoption is available for unmarried partners.

Question 11: Under New York's Family Court Act Article 8, what remedies are available in a family offense proceeding?

Orders of protection, which may include stay-away provisions, exclusive possession of the residence, and participation in batterer's programs (Correct answer)
Only criminal penalties including imprisonment
Monetary damages payable to the victim
Automatic termination of parental rights

Correct 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 FCA Article 8, Family Court can issue orders of protection with conditions including: stay away from the victim's home, school, and workplace; refrain from assault, harassment, or intimidation; grant exclusive possession of the shared residence; award temporary custody; order the respondent to participate in a batterer's education program; and pay restitution for medical expenses. Orders can be for up to two years (five years for aggravated circumstances). Violations may be prosecuted as criminal contempt. Family Court proceedings are civil; concurrent criminal proceedings in criminal court are also available for family offenses under CPL § 530.11.

Question 12: Under New York law, how is paternity established when the parents are not married?

By an acknowledgment of paternity signed by both parents or by a court order of filiation based on genetic testing (Correct answer)
Only through marriage of the parents after the child's birth
By the father's name appearing on the birth certificate alone
Only through DNA testing ordered by the Department of Health

Correct 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.

Under FCA Article 5 and Public Health Law § 4135-b, paternity is established through: (1) an acknowledgment of paternity — a sworn statement signed by both parents, typically at the hospital after birth, which becomes a binding legal finding of paternity after 60 days (during which it can be rescinded); or (2) an order of filiation from Family Court, which may order genetic (DNA) testing under FCA § 532. DNA testing establishing a 95% or greater probability of paternity creates a rebuttable presumption. Paternity proceedings may be brought by the mother, putative father, child, or Department of Social Services. Establishing paternity is a prerequisite for child support and inheritance rights.

NYLE NY Matrimonial & Family Law

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

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