Family Law Mnemonics

Front 1

MA & PA can terminate custody

Back 1

M – Mental Illness or mental retardation of a parent
A – A parent’s Abandonment of the child (failing to contact the child for 6 consecutive
months or more)
P – Permanent neglect of the child
A –Child Abuse (severe or frequent, physical or mental)

Front 2

T.D. OMAR are matrimonial residency requirements

Back 2

T – The complaint must allege that either spouse has been NY resident for a continuous
Two year period immediately preceding the commencement of the action
D – Where both spouses are NY Domiciliaries when the action is commenced AND the
matrimonial claim arose in NY (no minimum residency is required)
O – The complaint must simply allege that either the P or the D has been a NY resident
for One continuous year prior to commencement + MAR:
M – The parties were Married in NY
A – The matrimonial cause of action Arose in NY
R – Both parties Resided in NY as husband and wife

Front 3

A former spouse may tune in to WCBS2 PI2N for enforcement

Back 3

W – Wage deductions
C – Court may hold spouse in Contempt
B – Court may require that a Bond be posted as security for future payments
S – If child support (not alimony) is in arrears of 4 months or more, the court may
Suspend the defaulting spouse’s business or recreational license
S – Sequestration, which allows a court in a matrimonial action to seize and sell the
spouse’s assets to satisfy child support and maintenance arrears
P – Passport seizure or denial where child support arrears exceed $5,000
I – Federal and state Income tax refunds can be withheld and used by the State to satisfy
child support
I – Financial Institution data match
N – Reporting Newly‐hired employees

Front 4

Consider FLIP DADS2 in a motion to grant or change custody from one parent to another

Back 4

F – Financial ability of parents
L – Lifestyle of parents and any possible adverse affect on child
I – How Initial custody was awarded
P – Who has been the child’s Primary caregiver (and the length of time current custody
arrangement has been in effect)
D – Desires of the children
A – Parents’ Availability, ability, and living arrangements available to raise the child
D – Prior incidents of Domestic violence (which must be proven to have occurred by
a preponderance of the evidence)
S – Sexual behavior or sexual preference of a parent is relevant only if a child may be
adversely affected
S – Siblings should not be separated

Front 5

Custodial parent can relocate if the court hears HER SOBS

Back 5

H – Health‐related concerns
E – Economic necessity of the move
R – The impact the move would have on the existing Relationship between the child and
non‐custodial parent
S – Demands of a Second Marriage
O – Non‐custodial parent’s good faith reason for Opposing the move
B – What outcome is most likely to serve BIC
S – Whether the move would Strengthen and stabilize the post‐divorce family and allow
a fresh start

Front 6

Have a PAID SEAT, and we’ll equitably distribute marital property, considering

Back 6

P – Separate Property holdings of each spouse
A –Age and heath of each spouse
I – Incomes of each spouse at the beginning and end of the marriage
D – Duration of the parties’ marriage
*The longer the marriage, the more likely the court is to equitably divide
property, whereas in short marriages, the court usually divides in accordance
with each spouse’s economic contribution to the property holdings
S – Marital Standard of living
E – Earning capacity of each spouse
A – Any other relevant factor, including either spouse’s egregious domestic violence
T – Tax consequences of the property distribution to each spouse

Front 7

In determining maintenance, courts will SPAR

Back 7

S – Consider the marital Standard of living
P – Consider the PAID SEAT factors for determining ED
A – Consider the Ability of spouse to become self‐supporting (time/training necessary)
R – Consider either spouse’s Reduced earning capacity as result of having missed
educational or career opportunities by becoming a homemaker during marriage

Front 8

The grounds for divorce are A PAIN

Back 8

A – Adultery (clear and convincing evidence standard, but PAIN must only be established
by a fair preponderance of the evidence)
P – Prison (3+ yrs)
A – Abandonment (1+ yrs)
I – Cruel and Inhuman treatment
N – No‐fault conversion divorce (1+ yrs pursuant to a valid separation agreement)

Front 9

Adultery defenses are a bunch of CRAP

Back 9

C – Condonation (forgiveness), either expressly or by cohabiting and resuming the
marital relationship when P knew of adultery (but subsequent acts of adultery will
revive the forgiven past act)
R – Recrimination (where P’s also committing adultery)
A – P has been Aware of D’s adultery for more than 5 years before commencing the
action (if P was aware of D’s adultery for more than 5 years, even though it
continues to the present, P’s claim’s barred by the SOL)
P – P’s Procurement or connivance of the adultery act

Front 10

An abandonment divorce requires an IOU

Back 10

I – A spouse’s Intent not to return to the marital home
O – The abandonment must continue for One year or more (a separation judgment
based on abandonment can be for any time period, provided, the other 2 IOU
elements exist)
U – The D’s departure must be Unjustified, and without P’s consent

Front 11

DADA gives you long arm jurisdiction in a matrimonial action

Back 11

D – NY was the most recent marital Domicile of the parties
A – The Abandonment took place in NY
D – The claim for support accrued under a NY Decree or NY law
A – The parties executed a separation Agreement in NY

Front 12

A spouse’s P2IGS are separate (not marital) property

Back 12

P – Property acquired by either spouse Prior to the marriage
P – Personal injury awards to one spouse during the marriage
I – Property Inherited by one spouse during the marriage
G – Gifts to one spouse only, from someone other than the other spouse
S – Property purchased with one spouse’s Separate property

Front 13

CIAS modify child support arrangements

Back 13

C – Increase in the Cost of living
I – Loss of Income or assets by the custodial parent
A – Additional Activities of the growing children, requiring extra funding
S – Substantial increase in the finances of the non‐custodial parent