Marital Quiz by George J. Nashak, Jr. Continued

Question #1 – May a court determine that a parent may not file further petitions for visitation rights until he or she completes, inter alia, therapeutic counseling, anger management classes and parenting skill classes?

Answer: No, Matter of Lew v. Lew 2013 NY Slip Op 2076 (2nd Dept.).

Question #2 – May a court order that a parent undergo counseling or treatment as a condition of further visitation?

Answer:  No, Matter of Lew v. Lew 2013 NY Slip Op 2076 (2nd Dept.).

Question #3 – When child support is ordered for more than one child, does the emancipation of the oldest child automatically reduce the amount of support owed under an order of support for multiple children?

Answer: No, an application to the court must be made. Lamassa v. Lamassa 2013 NY Slip Op 3639 (2nd Dept.).

Question #4 – Is it permissible for the Family Court to require a parent to seek permission of the court prior to filing future custody or visitation applications?

Answer: Yes, McNelis v. Carrington 2013 NY Slip Op 2400 (2nd Dept.).

Question #5 – In determining the parents’ respective obligations towards the cost of college, should the court reduce the education costs by college loans for which the student is responsible?

Answer: No, Bungart v. Bungart 2013 NY Slip Op 4303 (2nd Dept.).

Question # 6 – In a child support upward modification proceeding, is it sufficient to allege increase in expenses due to the child’s maturity or due to inflation?

Answer: No, the party seeking the upward modification must establish specific increases in the costs relating to the child’s needs. Matter of Radday v. McLoughlin 965 N.Y.S.2d 355 (2nd Dept. 2013).

Question #7 – Do acts of domestic violence by the father before the children were born and were present during only one act when they were infants, preclude the granting of custody to the father?

Answer: Yes, Matter of Felty v. Felty 2013 NY Slip Op 5454 (2nd Dept.).

Questions #8 – Is an appeal permitted from an order entered upon default?

Answer: No, the proper procedure is to move to vacate the default and appeal from the denial of that motion. Matter of Taurins v. Taurins 2013 NY Slip Op 5465 (2nd. Dept.).

Question #9 – Is it proper for a Support Magistrate to impute income to the father for monies he received from his family for his child’s college education?

Answer: Yes, Matter of Kiernan v. Martin 2013 NY Slip Op 5527 (2nd Dept.).

Question #10 – Is an unequivocal factual assertion made during an opening statement a judicial admission?

Answer: Yes, Kosturek v. Kosturek 2013 NY Slip Op 4310 (2nd. Dept.)

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