NYLE - New York Law Exam NY Matrimonial & Family Law 1 — Questions and Answers
Question 1: Under the Child Support Standards Act (CSSA), DRL § 240(1-b), what is the basic child support percentage of combined parental income applied when there is one child?
- 15%
- 17% (Correct answer)
- 20%
- 25%
Correct answer: 17%
The CSSA sets the basic child support percentage at 17% of combined parental income for one child. The percentages increase with the number of children: 25% for two, 29% for three, 31% for four, and no less than 35% for five or more children.
Question 2: Under DRL § 230, which of the following independently satisfies New York's residency requirement to maintain a divorce action?
- One spouse has been a New York resident for at least six months immediately preceding the filing
- The parties were married in New York and at least one spouse has been a continuous resident for one year preceding the action (Correct answer)
- Both spouses must have been New York residents for at least two years before filing
- One spouse is a current New York resident at the time of filing with no durational requirement
Correct answer: The parties were married in New York and at least one spouse has been a continuous resident for one year preceding the action
DRL § 230 sets out several independent jurisdictional bases. One is that the parties were married in New York and at least one spouse has been a continuous New York resident for one year prior to commencement of the action. A two-year continuous residency by either party is a separate, alternative basis.
Question 3: Under DRL § 7, which of the following renders a New York marriage voidable rather than void ab initio?
- One spouse was already lawfully married to a living person at the time of the ceremony
- The parties are brother and sister
- One spouse lacked the mental capacity to consent at the time of the marriage (Correct answer)
- The parties are parent and child
Correct answer: One spouse lacked the mental capacity to consent at the time of the marriage
Under DRL § 7, lack of mental capacity at the time of marriage makes the marriage voidable — valid until a court annuls it. Bigamous and incestuous marriages enumerated in DRL § 6 are void ab initio and require no court action to be invalid.
Question 4: Under DRL § 170(6), after a couple executes a valid written separation agreement, how long must the parties live separately pursuant to that agreement before either may convert the separation into a divorce?
- Six months
- One year (Correct answer)
- Two years
- Three years
Correct answer: One year
DRL § 170(6) requires that the parties have lived separate and apart pursuant to a written, acknowledged separation agreement for one year before either party may obtain a judgment of divorce on that ground.
Question 5: Under DRL § 236(B)(1)(d), which of the following constitutes separate property not subject to equitable distribution in a New York divorce?
- Wages earned by one spouse during the marriage
- A cooperative apartment purchased with both spouses' salaries during the marriage
- A cash gift received by one spouse from a third party during the marriage (Correct answer)
- The appreciation in a marital asset attributable to one spouse's active efforts
Correct answer: A cash gift received by one spouse from a third party during the marriage
DRL § 236(B)(1)(d) defines separate property to include gifts from third parties received by one spouse during the marriage. Marital wages, property acquired with marital funds, and increases in value attributable to spousal effort are marital property subject to equitable distribution.
Question 6: Under New York Family Court Act § 842, which of the following directives may properly be included in a final order of protection issued by the Family Court?
- An award of compensatory money damages to the petitioner for past physical injuries
- A directive that the respondent stay away from the petitioner's home, school, and place of employment (Correct answer)
- A criminal conviction entered against the respondent on the record
- A permanent termination of the respondent's parental rights
Correct answer: A directive that the respondent stay away from the petitioner's home, school, and place of employment
FCA § 842 expressly authorizes the Family Court to direct a respondent to stay away from the petitioner's home, school, business, or place of employment. Orders of protection are civil in nature and do not constitute criminal convictions; termination of parental rights requires a separate proceeding under FCA Article 6.
NYLE - New York Law Exam NY Matrimonial & Family Law 1
Under the Child Support Standards Act (CSSA), DRL § 240(1-b), what is the basic child support percentage of combined parental income applied when there is one child?