Family Law

Front 1

ABANDONMENT

Back 1

VOLUNTARY FAILURE TO EXERCISE RIGHTS AND FULFILL RESPONSIBILITIES OF MARRIAGE, PARENTHOOD, OR OWNERSHIP OF PROPERTY, WHICH MAY GIVE LEGAL GROUNDS FOR TERMINATION OF THOSE RIGHTS.

Front 2

CONCLUSORY PLEADING

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A COMPLAINT, PETITION, OR ANSWER TO SAME THAT TRACKS THE LANGUAGE OF THE STATUTORY GROUNDS WITHOUT GIVING SUPPORTING DETAILS

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EQUITABLE DISTRIBUTION

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NEW YORK SYSTEM BY WHICH MARTITAL PROPERTY AND INCOME MUST BE DIVIDED FAIRLY, BUT NOT NECESSARILY EQUALLY, UPON DISSOLUTION OF MARRIAGE

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GUARDIAN AT LITEM

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A PERSON APPOINTED TO REPRESENT THE INTEREST OF A PARTY TO A COURT CASE WHEN THE PARTY IS UNDER A DISABLITY SUCH AS INFANCY OR MENTAL INCOMPETENCE

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IN CAMERA INTERVIEW

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INTERVIEW OF A CHILD BY A JUDGE IN THE JUDGES CHAMBERS, OR ROBING ROOM

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MATRIMONIAL DOMICILE

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THE PLACE WHERE THE SPOUSES MOST RECENTLY LIVED AS HUSBAND AND WIFE

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OBJECTIONS

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DOCUMENT BY WHICH A PARTY TO A SUPPORT CASE DECIDED BY A HEARING EXAMINER REQUESTS THAT A JUDGE REVIEW THE HEARING EXAMINER'S ORDER

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TRANSCRIPTS

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THE WRITTEN RECORD OF A COURT PROCEEDING CREATED FROM THE NOTES OF THE OFFICIAL COURT REPORTER

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TRIAL STIPULATION

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AN AGREEMENT THAT CERTAIN ISSUES WILL NOT BE LITIGATED IN A TRIAL

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IF A PARALEGAL SUGGESTS TO A CLIENT WHICH GROUND FOR DIVORCE THE CLIENT SHOULD PLEAD, THE PARALEGAL HAS ENGAGED IN THE UNAUTHORIZED PRACTICE OF LAW

Back 10

True or False

Hint 10

True

Front 11

IF THE SUPPORT PAYING PARENT OF A MINOR CHILD DIES THE PAYOR'S ESTATE IS NOT REQUIRED TO KEEP UP THE SUPPORT PAYMENTS UNTIL THE CHILD REACHES THE AGE OF 21YEARS, OR BECOMES EMANCAPATED

Back 11

True or False

Hint 11

True

Front 12

SIBLINGS HAVE THE SAME STATURORY RIGHT AS GRANDPARENTS TO SUE FOR VISITATION

Back 12

True or False

Hint 12

True

Front 13

A MOTHER IS OBLIGATED TO CONTRIBUTE TOWARD TEH SUPPORT OF HER CHILD REGARDLESS OF THE FATHERS ABILITY TO SUPPORT THE CHILD

Back 13

True or False

Hint 13

True

Front 14

INCOME FOR THE PURPOSES OF THE CSSA DOES NOT INCLUDE PUBLIC ASSISTANCE

Back 14

True or False

Hint 14

True

Front 15

THE NONCUSTODIAL PARENT MUST CONTRIBUTE HIS OR HER PRORATED SHARE OF CHILD CARE COSTS, OVER AND ABOVE THE BASIC CHILD SUPPORT OBLIGATION, IF THE CUSTODIAL PARENT WORKS, GOES TO SCHOOL, OR IS LOOKING FOR WORK.

Back 15

True or False

Hint 15

True

Front 16

THE INCOME TAX ON MAINTENANCE MUST BE PAID BY THE RECIPIENT

Back 16

True or False

Hint 16

True

Front 17

THE STANDARD A COURT APPLIES IN DECIDING PARENT VERSUS PARENT CUSTODY DISPUTES IS THE BEST INTEREST OF THE CHILD

Back 17

True or False

Hint 17

True

Front 18

EVEN IF BOTH PARTIES CONSENT, AN ATTORNEY IN NY IS NOT ETHICALLY PERMITTED TO REPRESENT BOTH SPOUSES IN A DIVORCE CASE.

Back 18

True or False

Hint 18

True

Front 19

WHILE A CHILD IS IN FOSTER CARE, THE FOSTER CARE AGENCY HAS LEGAL CUSTODY OF THE CHILD

Back 19

True or False

Hint 19

True

Front 20

THE FOUR ELEMENTS OF THE ABANDONMENT GROUND FOR DIVORCE ARE VOLUNTARY DEPARTURE, LACK OF CONSENT OF PLAINTIFF SPOUSE, INTENTION NOT TO RESUME COHABITATION, AND LACK OF JUSTIFICATION.

Back 20

True or False

Hint 20

True

Front 21

IF A DEFENDANT CANNOT BE LOCATED TO BE PERSONALLY SERVED, THE PLAINTIFF SUBMITS A DILIGENT SEARCH AFFIDAVIT TO THE COURT, WHICH DETAILS THE EFFORTS THE PLAINTIFF HAS MADE TO FINE THE ONE DEFENDANT.

Back 21

True or False

Hint 21

True

Front 22

IF BOTH PARTIES ARE NY RESIDENTS, A CUSTODY CASE MAY BE BROUGHT BY THREE TYPES OF PLEADINGS WRIT OF HABEAS CORPUS, ORDER TO SHOW CAUSE, AND AS A PRAYER FOR CUSTODY WITHING A MATRIMONIAL COMPLAINT.

Back 22

True or False

Hint 22

True

Front 23

A NONRELATIVE MAY NOT BE AWARDED VISITATION WITH A CHILD OVER THE OBJECTIONS OF THE PARENT, EVEN IF THE NONRELATIVE HAS ACTED IN THE ROLE OF A PARENT TO THE CHILD

Back 23

True or False

Hint 23

True

Front 24

IF A PARALEGAL NEEDS TO KNOW ON WHAT DAYS A PARTICULAR JUDGE CONDUCTS CONFERENCES, A GOOD PLACE TO LOOK FOR THAT INFORMATION WOULD BE THE JUDGES PART RULES.

Back 24

True or False

Hint 24

True

Front 25

JUDGES IN CUSTODY CASES MAY INTERVIEW THE SUBJECT CHILDREN OUTSIDE THE PRESENCE OF THE PARENTS

Back 25

True or False

Hint 25

True

Front 26

A CUSTODIAL PARENT MAY RELOCATE TO ANEW RESIDENCE FAR FROM THE NONCUSTODIAL PARENT ONLY WITH THE PERMISSION OF THE NON-CUSTODIAL PARENT OR PERMISSION OF THE COURT

Back 26

True or False

Hint 26

True

Front 27

IF A DEFENDANT IN A DIVORCE CASE IS NOT A NEW YORK RESIDENT OR DOMICILARY AND IS SERVED IN ANOTHER STATE, NEW YORK GENERALLY ACQUIRES ONLY REM JURISDICTION

Back 27

True or False

Hint 27

True

Front 28

IF A CHILD IS DOING WELL IN COLLEGE, A COURT MAY NOT COMPEL A PARENT TO CONTRIBUTE TOWARD THE CHILD'S COLLEGE COST UNTIL THE CHILD GRADUATES AT THE AGE OF 22

Back 28

True or False

Hint 28

True

Front 29

IF A CHILD SUPPORT OBLIGOR IS BEHIND IN SUPPORT PAYMENTS, THE OBLIGOR'S DRIVERS LICENSE MAY BE SUSPENDED.

Back 29

True or False

Hint 29

True

Front 30

IN GROUNDS FOR DIVORCE, WHAT ARE THE REQUIREMENTS FOR ADULTERY?

Back 30

Oportunity, Inclination, Intent

Front 31

IN GROUNDS FOR DIVORCE, OF ADULTERY WHAT IS THE STATUE OF LIMITATIONS?

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(5) Five Years from the date of the incident.

Front 32

WHAT IS MAINTENANCE?

Back 32

Support for a spouse, or former spouse

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WHAT IS ALIMONY?

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term in use before the equitable distribution law for support of spouse or former spouse.

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HOW DO YOU OPT OUT OF THE CHILD SUPPORT STANDARDS ACT.

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there must be 4 special provisions--
1.statements that the parties have been advised of the guidelines.
2.statement that an order of support entered pursuant to the guidelines would be prescriptively correct
3. the agreement deviates from the guidelines, the amount that would have been awarded under the guidelines
4. the reason the agreement provides for a different amount from that which would have been awarded pursuant to the guidelines.

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WHAT IS THE DIFFERENCE FOR INCOME OVER $130,000.00

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It is adjusted every two years according the the consumer price index.

Front 36

CSSA) 10 Factors AKA F Factors

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1. Financial Resources of both parent and child. 2.Physical & Emotional Health, special needs, and aptitudes of child.
3. pre-separation standard of living for the child
4. tax consequences
5. non-monetary contributions of parents for the support of the child.
6. Educational needs of either parent
7. Large discrepancies between the income of the parents
8. needs of non-subject children of non custodial parent (children for whom support payments have not been deducted from income) and financial resources of any person obligated to support those non-subject children
9.Extraordinary expenses associated with visitation;
10. any other factors the court thinks relevant

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WHO CAN SUE FOR CUSTODY?

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Anyone can sue for custody.

Front 38

TYPES OF PETITION TO FILE

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1.Custody if it is part of a matrimonial action in supreme court,
2. Order to show cause
3.writ of habeas corpus

Front 39

DETERMINE HOME STATE OF A CHILD

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The state in which a child has resided for 6 months immediatly proceeding the filing of the petition.