NYLE NY Matrimonial & Family Law 2 — 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)), New York uses a formulaic approach: the court calculates a guideline amount based on the difference between the parties' incomes (with an income cap). Duration is also guideline-based: for marriages of 0-15 years, 15-30% of the marriage length; 15-20 years, 30-40%; and over 20 years, 35-50%. The court may deviate from the guidelines based on 20 enumerated factors including age and health, earning capacity, need for education/training, childcare responsibilities, reduced earning capacity due to domestic duties, and the equitable distribution of marital property.
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 ($163,000 as of 2022, adjusted periodically) 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 (childcare, medical, educational) are shared pro rata. The court may deviate from the formula based on factors including financial resources, health needs, and the standard of living.
NYLE NY Matrimonial & Family Law 2
Under New York Domestic Relations Law (DRL) § 170, what is the no-fault ground for divorce?