Marital Quiz by George J. Nashak Jr.

Question #1 – If a respondent fails to comply with financial disclosure, Family Court Act §424-a, must the court grant relief demanded in the support petition or preclude respondent from offering evidence as to respondent’s financial ability to pay support?
Answer: Yes, matter of Speranza v. Speranza 2014 NY Slip Op 109 (2nd Dept.).

Question #2 – True or false, the CSSA minimum is $136,000.00?
Answer: False, for 2014, the amount has been increased to $141,000.00.

Question #3 –    True or false, the temporary maintenance cap is $500,000.00?
Answer: False, it is now $543,000.00.

Question #4 – Should a hearing be granted to change a custody agreement based upon the mother’s allegations of the child’s alarming behavior?
Answer: Yes, Matter of Lore v. Sclafani 2014 NY Slip Op 667 (2nd Dept.)

Question #5 –  If one party occupies the marital home during the pendency of the action, does the other party, who voluntarily moved out, have to contribute to the mortgage and real estate taxes?
Answer: Yes, Judge v. Judge 48 AD3d 424; 851 NYS2d  639 (2nd Dept. 2008).

Question # 6 – Does the Family Court have authority to appoint a natural parent to be guardian of his or her child?
Answer: Yes, Matter of Marisol N.H.., 2014 NY Slip Op 664 (2nd Dept.)

Question #7 – Does Plaintiff receive a credit against child support arrears for voluntary payments to the Defendant for the benefit of the child?
Answer: No, O’Brien v. O’Brien 2014 NY Slip Op 1590 (2nd Dept.)

Questions #8 – Should marital debt, incurred prior to the commencement of an action for divorce, be equally share by the parties?
Answer: Yes, Diaz v. Gonzalez 2014 NY Slip Op 2010 (2nd Dept.)

Question #9 – Is reimbursement required when one party has paid the other party’s share of marital debt?
Answer: Yes, Diaz v. Gonzalez 2014 NY Slip Op 2010 (2nd Dept.)

Question #10 – Is the payer spouse entitled to a credit for overpayment of child care expenses against child support arrears?
Answer: Yes, Zengling Shi v. Shenglin Lu 2013 NY Slip Op 6373 (2nd Dept.)