NYLE: Matrimonial-Family UPDATED
Exam Questions and CORRECT Answers
Common Law Marriage
Does NY have it? - CORRECT ANSWER - No, but NY will recognize out of state
marriages, including common law, if
1)validly entered under law of another state
2)not barred by statute, natural law, of where marriage is offensive to public policy
Three requirements for pre or post-nuptual - CORRECT ANSWER - 1) in writing
2) subscribed by both parties
3) acknowledged or proven in the manner required to entitle a deed to be recorded
Separation Agreement
court scrutiny - CORRECT ANSWER - more closely scrutinized than an ordinary contract,
but set aside only when there is unconscionably or agreement is "manifestly unfair to a spouse
because of the other's overreaching."
How to establish no fault for NF divorce - CORRECT ANSWER - one party states under
oath that the relationship has broken down irretrievably for a period of at least 6 months prior to
commencement of the action
Equitable distribution
presumption? - CORRECT ANSWER - no presumption of equal division; courts use 14
factors
Define marital property - CORRECT ANSWER - property acquired by either or both
spouse during the marriage and before execution of separation agreement or commencement of
matrimonial action. Includes
1) interspousal gifts
, 2) pension benefits
3)professional practices
--but not earning capacity due to prof license
----now considered during equitable distribution
4) the appreciation in value of separate ppty due to non-titled spouse's direct or indirect
contribution
Spousal Maintenance
how figured?
when does it terminate? - CORRECT ANSWER - Courts may award temp and post-
divorce maintenance employing a mathematical formula based on incomes; weighing several
factors to determine duration, incl
--assets
--retirement benefits
--eligibility age
may revisit at retirement if cannot be determined
Terminates on death of either party or remarriage of payee spouse.
Child support
when does it terminate? - CORRECT ANSWER - Parents are liable for support until age
21 or earlier emancipation
Child support
how is it determined - CORRECT ANSWER - Rigid formula set out in the CSSA, court
has discretion to go over the amount by applying the f factors
--plus "add-on" at pro-rata share of child-care, health premiums, unreimbursed medical expenses
--expressly does not consider marital fault
--may opt-out of CSSA provisions as long as adequate support
Child support
Exam Questions and CORRECT Answers
Common Law Marriage
Does NY have it? - CORRECT ANSWER - No, but NY will recognize out of state
marriages, including common law, if
1)validly entered under law of another state
2)not barred by statute, natural law, of where marriage is offensive to public policy
Three requirements for pre or post-nuptual - CORRECT ANSWER - 1) in writing
2) subscribed by both parties
3) acknowledged or proven in the manner required to entitle a deed to be recorded
Separation Agreement
court scrutiny - CORRECT ANSWER - more closely scrutinized than an ordinary contract,
but set aside only when there is unconscionably or agreement is "manifestly unfair to a spouse
because of the other's overreaching."
How to establish no fault for NF divorce - CORRECT ANSWER - one party states under
oath that the relationship has broken down irretrievably for a period of at least 6 months prior to
commencement of the action
Equitable distribution
presumption? - CORRECT ANSWER - no presumption of equal division; courts use 14
factors
Define marital property - CORRECT ANSWER - property acquired by either or both
spouse during the marriage and before execution of separation agreement or commencement of
matrimonial action. Includes
1) interspousal gifts
, 2) pension benefits
3)professional practices
--but not earning capacity due to prof license
----now considered during equitable distribution
4) the appreciation in value of separate ppty due to non-titled spouse's direct or indirect
contribution
Spousal Maintenance
how figured?
when does it terminate? - CORRECT ANSWER - Courts may award temp and post-
divorce maintenance employing a mathematical formula based on incomes; weighing several
factors to determine duration, incl
--assets
--retirement benefits
--eligibility age
may revisit at retirement if cannot be determined
Terminates on death of either party or remarriage of payee spouse.
Child support
when does it terminate? - CORRECT ANSWER - Parents are liable for support until age
21 or earlier emancipation
Child support
how is it determined - CORRECT ANSWER - Rigid formula set out in the CSSA, court
has discretion to go over the amount by applying the f factors
--plus "add-on" at pro-rata share of child-care, health premiums, unreimbursed medical expenses
--expressly does not consider marital fault
--may opt-out of CSSA provisions as long as adequate support
Child support
