NY Bar Exam Family Law Questions and Answers

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NY Bar Exam Family Law Questions and Answers 16. Separation Agreements must be 4 things:: (1) voluntarily entered into (2) in writing (3) signed by parties; and (4) notarized 17. Limitations to Separation Agreements: (1) can NOT require parties to give up support they'd otherwise be eligible for (2) if same atty reps both parties, court looks very closely (3) child support and custody ALWAYS in BIC 18. Parties separate for 1 year = the separation can be basis for divorce (Conversion Divorce) -- 2 routes:: (1) Merger ---(a) separation MERGES with court's judgment in the divorce agreement and CEASES TO EXIST ---(b) subsequent MODIFICATIONS require showing SUBSTANTIAL change in circumstances --(c) failure to comply = civil AND criminal charges (2) Modification and Incorporation --(a) separation agreement REMAINS SEPARATE and is NOT enforced like a court order, but as a K --(b) that independent K is INCORPORATED into the divorce and can be referenced --(c) Thus, failure to comply = NO contempt actions available, ONLY K remedies (UNLESS BIC issues) --(d) subsequent MODIFICATIONS require EXTREME change in circumstances (much higher bar since bargained for)

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