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Family Court Act > Article 4 > Flashcards

Article 4 Flashcards

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1
Q

Child support percentage of combined parental income for 1 child is _____ percent

A

17

FCA 413

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2
Q

Child support percentage of combined parental income for 2 children is ___ percent

A

25

FCA 413

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3
Q

Child support percentage of combined parental income for 4 children is __ percent

A

31

FCA 413

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4
Q

Child support percentage of combined parental income for 3 children __ percent

A

29

FCA 413

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5
Q

Child support percentage of combined parental income for 5 or more children is __ percent

A

No less than 35

FCA 413

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6
Q

“Self-support reserve” shall mean __ percent of the poverty income guidelines amount for a single person as reported by the federal department of health and human services.

A

135

FCA 413

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7
Q

T/F on March 1 of each year, self-support reserve shall be revised to reflect annual updating of the poverty income guidelines as reported by federal department of health and human services for a single person household. Generally, FC court may not make an order of support that cause income to fall below self-support reserve

A

True

FCA 413

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8
Q

T/F parents and step parents of children under 21 who are recipients of public welfare and patients in a mental institution are not responsible for the support of such children

A

False

FCA 415

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9
Q

Support magistrates have the power to: (4)

A

MAID

Make a violation of order determination
Administer oaths
Issue subpoenas
Direct parties to engage in and permit disclosure

FCA 439

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10
Q

A child support order is effective from what date?

A

From the date of filing petition, or if child is in receipt of public assistance, date child became eligible for assistance. Whichever is sooner.

FCA 449

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11
Q

Willful failure to obey support order, maximum jail:

A

6 months

FCA 454

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12
Q

T/F when there is a failure to obey a support court order, the court may enter a money judgment.

A

False

The fourth must enter enter a money judgment

FCA 454

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13
Q

Where there is s failure to comply with a court order, court (MUST, MAY)

  1. Must/may enter a money judgment
  2. Must/may make an income deduction order
  3. Must/may require the respondent to post an undertaking
  4. Must/may make an order of sequestration
  5. Must/may suspend driving privileges
  6. Must/may suspend professional or business licenses
  7. Must/may suspend recreational licenses
A
  1. Must
  2. May
  3. May
  4. May
  5. May
  6. May
  7. May

FCA 454

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14
Q

Probation in a support proceeding is how long?

A

As long as the order of support, but order of protection, or order of visitation applies to the person.

FCA 456

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15
Q

Generally, driving privileges and state professional, occupational and business and recreational licenses ,any be suspended if support arrears are equivalent to __ months, or for failure to comply with a summons, subpoena, or warrant relating to paternity or child support.

A

4 months

FCA 458

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16
Q

An undertaking in a support proceeding is for a maximum period of ____.

A

3 years

FCA 471

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17
Q

“Self support reserve” shall mean __% of the poverty income guidelines amount for a single person as reported by the federal department of health and human services

A

135%

FCA 413

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18
Q

A __% or greater possibility of paternity creates rebuttable presumption of paternity

A

95

FCA 418

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19
Q

A sworn statement of net worth shall be filed with the clerk of the court on a date to be fixed by the court, no later than __ days after the return date of the petition.

A

10

FCA 424-a

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20
Q

When a respondent is not in NYS, cannot be found, or is hiding, so that process cannot be personally served, court may order ____ of respondent’s property, take possession of the property, or appoint a receiver.

A

Sequestration

FCA 429

21
Q

T/F support magistrates are empowered to hear, determine, and grant any relief within powers of court in a proceeding under Article 4(Support), Articles 5(Paternity), 5A(Special provisions relating to enforcement of support and establishment of paternity) and 5B (Uniform Interstate Family Support Act), among other sections.

A

True

FCA 439

22
Q

Parents are responsible for the support of their children up to the age of __.

A

21

FCA 413

23
Q

Unless court receives written objections to proposed support order within __ days of mailing, the proposed adjusted support order becomes final.

A

35

FCA 413-a

24
Q

Venue in a support proceeding is county where _____.

A

one of the parties resides or is domiciled at the time of filing of petition.

FCA 421

25
Q

Support summons and petition must be served at least __ days before the hearing.

A

8 days

FCA 427

26
Q

If default support order is entered, respondent has __ from date of entry to make motion for relief.

A

1 year

FCA 427

27
Q

A certificate of warrant expires __ days from date of issue

A

90

FCA 428

28
Q

Warrant issued in Westchester. Respondent arrested in Albany. Respondent is taken to _______.

A

Westchester (where the FC judge in county of arrest is)

FCA 431

29
Q

T/f Support hearings are conducted with a jury.

A

False

FCA 435

30
Q

Support magistrates cannot hear issues relating to:

A

Commitment, contested paternity, custody, visitation, orders of protection, exclusive possession of home, and review of support collection denial of challenge by support obligation to notification that social services intends to notify DMV that driving privileges are to be suspended (FCA 454, sub 5)

FCA 439

31
Q

Support magistrates shall be empowered to hear, determine and grant any relief within the powers of the court in any proceeding under:

A
  1. Article 4 (Support)
  2. Articles 5 (paternity), 5A (special provisions relating to enforcement of support and establishment of paternity) and 5B (UIFSA)
  3. Section 234 and 235 of FCA (compensation and liability for support and care in counties within and outside NYC)
  4. Objections raised pursuant to CPLR 5241 (income execution and support enforcement)

FCA 439

32
Q 
Family court has exclusive original jurisdiction over support or maintenance proceedings under: 
A. FCA 4 and FCA 5B
B. FCA 6 and FCA 11
C. FCA 1 and FCA 4
D. FCA 5 and FCA 15B
A

A. FCA 4 and FCA 5B

FCA 411

33
Q 
Parents and stepparents of children under \_\_\_\_ who are recipients of public welfare and patients in a mental institution are responsible for the support of such children 
A. 13 
B. 18
C. 16
D. 21
A

D. 21

FCA 415

34
Q

Which of following statements relating to blood tests or DNA tests ordered under FCA 4 is false?
A. Blood genetic marker or DNA tests may be ordered on court’s own motion
B. Blood genetic marker tests must be ordered upon motion of any party
C. All DNA test results are admitted into evidence unless timely objection is made
D. Blood genetic marker tests must be ordered in every support proceeding

A

D. Blood genetic marker tests must be ordered in every support proceeding

FCA 418

35
Q

Choose the best answer. Generally venue in a support proceeding is county where:
A. One of the parties resides or is domiciled
B. The acts occurred
C. One of the parties is domiciled
D. None of the above

A

A. One of the parties resides or is domiciled

FCA 421

36
Q

Which of the following may start a support proceeding?
1. Social services official and commissioner of health
2. Parent, guardian of child, next friend
3. Person appointed by the court
A. 1 and 3
B. 1, 2 and 3
C. 2 and 3
D. None of the above

A

B. 1, 2 and 3

FCA 422

37
Q

A summons issued under article four of the FCA must state that a temporary order or permanent order of support will be made on the return date of the summons, and that:
1. Failure of respondent to appear will result in entry of default order
2. Respondent must furnish court proof of assets and income
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2

A

C. Both 1 and 2

FCA 426

38
Q

Personal service of a support summons must be done at least __ days before the time stated for appearance.
A. 8 days
B. 72 hours
C. 144 hours, if there is a weekend between days of service
D. 3 days

A

A. 8 days

FCA 427

39
Q

Which of the following statements is false?
A. Certificate of warrant expires 90 days from issuance date
B. Court may issue a warrant when the summons can be served
C. Court may issue a warrant when the safety of the petitioner is endangered
D. Certificate of warrant may be renewed by clerk of the court

A

B. Court may issue warrant when the summons can be served

FCA 428. Cannot be served

40
Q

(Outside NYC) A respondent taken into custody outside the county which issued the warrant, must be taken:
A. Before the FC in county where he was taken custody
B. Before a FC judge in county where he was taken into custody
C. Either A or B
D. Neither A nor B

A

B. Before a FC judge in county where he was taken into custody

FCA 431

41
Q

An order of child support under article four of the FCA is effective from which date?
A. Date of support petition filing, or children were eligible for public assistance, if earlier
B. Date of service of petition
C. Date order was signed by judge
D. Date of entry of order

A

A. Date of support petition filing, or children were eligible for public assistance, if earlier

42
Q

In article 4 proceeding the court may issue warrant:
1. If the summons cannot be served
2. If respondent has failed to obey the summons
3. If the respondent is not likely to leave the jurisdiction
A. 1
B. 1 and 3
C. 1 and 2
D. 1, 2 and 3

A

C. 1 and 2

FCA 428

43
Q

The following types of income shall be included in determining the child support percentage
1. Worker’s compensation and disability benefits
2. Unemployment insurance benefits
3. Social security benefits, veterans benefits and pension and retirement benefits
4. Fellowships, stipends and annuity payments
A. 1, 3 and 4
B. 2, 3 and 4
C. 4 only
D. 1, 2, 3 and 4

A

D. 1, 2, 3 and 4

FCA 413

44
Q

Statements of net worth shall be accompanied by:
1. Current and representative paycheck stub
2. State and federal income tax returns for the past 3 years
3. Copies of W-2’s and tax statements submitted with returns
4. Health insurance coverage information
A. 1, 3 and 4
B. 2, 3 and 4
C. 4 only
D. 1, 2 and 3

A

A. 1, 3 and 4

FCA 424-a

45
Q 
Support magistrates are empowered to hear, determine and grant any relief within powers of the court under:
      1. Article 4 (Support)
      2. Article 5 (Paternity)
      3. Commitment (FCA 455)
A. 1, 2 and 3
B. 1 and 2
C. 1 and 3
D. 2 and 3
A

B. 1 and 2

FCA 439

46
Q

Which of the following choices are correct? Where there is a failure to comply with a court order, the court may require the respondent to post an undertaking, may make an order of sequestration, may suspend driving, professional and recreational licenses and privileges, and
1. Shall enter a money judgment
2. May make an income deduction order
3. May enter a money judgment
4. Must make an income deduction order
A. 3 and 4
B. 1 and 2
C. 1 and 4
D. 2 and 3

A

B. 1 and 2

FCA 454

47
Q 
Parents of a child are responsible for supporting the child until the child reaches the age of \_\_.
A. 14 and is not on welfare
B. 18 for both males and females
C. 21 only if still attending school
D. None of the above
A

D. None of the above

FCA 413

48
Q

Which of the following child support percentages is not correct?
A. 17% of combined parental income for one child
B. 25% of combined parental income for two children
C. 27% of combined parental income for three children
D. 31% of combined parental income for four children
E. No less than 35% of combined parental income for five or more children

A

C. 27% of combined parental income for three children

FCA 413

49
Q

Family court has exclusive original jurisdiction over support or maintenance proceedings under Article 4 of the Family Court Act, and Article ______ of the Family Court Act.

A

5B

FCA 411

Family Court Act (21 decks)

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