Article 4 Support Proceedings

Question 1

FCA 411
The family court has exclusive original jurisdiction over proceedings:
(1)     for support
(2)     maintenance
(3)     under article 3A domestic relations law (uniform support dependents law)
(4)     under article 5B family court act (uniform interstate family support act)
(a)     1 only
(b)     1 & 3 only
(c)     1, 2 & 4 only
(d)     1, 2, 3 & 4

Answer 1

(c) 411 FCA
For the purpose of the family court act the terms support and maintenance are synonymous. The new article 5B FCA the uniform interstate family support act replaces the 3A DRL, the uniform support dependents law.
Mothers and fathers have a duty to support their children. Children are entitled to support and it is not dependent on the marital status of the parents.

Question 2

FCA 413
Parents are chargeable with the support of:
(a)     a child up to the age of 18 years old
(b)     a female child under 18 years of age and a male child under 21 years of age
(c)     a child under 21 years of age
(d)     a female child under 21 years of age and a male child under 18 years of age

Answer 2

(c) 413 FCA
Parents of a child under the age of 21 years are chargeable with the support of such child or children.

Question 3

 FCA 413 1.(b)(3)
Child support percentage based on a combined parental income for one child shall be:
(a)     10 %
(b)     12 %
(c)     15 %
(d)     17 %

Answer 3

(d) 413 1.(b)(3) FCA
Combined parental income or the sum of the income of both parents for one child starts the scale under this section of article 4. In this case 17% is the correct percentage for one child. The scale of contribution ascends with the number of children to be supported as follows:
Percent of combined income
Number of children
17% 1 child
25% 2 children
29% 3 children
31% 4 children
no less than 35% 5 or more children

Question 4

 FCA 413 1.(b)(4)
Combined parental income shall mean:
(a)     the sum of the “income” of both parents.
(b)     net income as reported on the most recent federal tax return
(c)     average gross income as reported on the last 3 federal tax returns
(d)     average net income as reported on the last 3 federal tax returns

Answer 4

(a) 413 1.(b)(4),(5) FCA
The sum of the “income” of both parents. As defined in subdivision 1(b)(5). Various sources of income are specified in subdivisions (i) through (vi) as amended effective 9/13/19, Ch. 313, L.2019.

Question 5

   FCA 413 1.(c)(5)
Upon proof by either party that cash medical support would be unjust or inappropriate, the court shall:
(a)     order the parties to pay cash medical support as the court finds just and appropriate
(b)     consider the best interests of the child
(c)     set forth the pertinent factors, the amount calculated, the reason(s) for not ordering such amount and the basis for the amount awarded
(d)     follow all or none of the above considerations

Answer 5

(d) 413 1.(c)(5) FCA
Since options (a), (b) and (c) are all valid components of the procedure in question, option (d) is the most correct answer. If (a), (b) and (c) were invalid statements, option (d) would still be the appropriate answer.

Question 6

 FCA 413 1.(c)(7),(e)
The court may allocate a portion of which of the following sources of income to child support?
(1)     life insurance policies
(2)     recovery of bad debts
(3)     gifts and inheritances
(4)     discharges of indebtedness
(a)     1 & 2 only
(b)     1 & 3 only
(c)     3 & 4 only
(d)     1, 2,3 & 4

Answer 6

(d) 413 1.(c)(7),(e) FCA
All of the sources of non-recurring payments from extraordinary sources, not otherwise considered income as in this question may be proportionately allocated to child support in a manner to be determined by the court.
In addition to the selections listed in the question, we can add lottery winnings.

Question 7

 FCA 413-a 1.
Who of the following may request a review of an order for a cost of living adjustment under article 4?
(1)     any party to a child support order
(2)     child support enforcement service
(3)     support collection unit
(4)     the court on its own motion
(a)     1 only
(b)     2 only
(c)     1 & 2 only
(d)     3 & 4 only

Answer 7

c) 413-a 1. FCA
Any party to a child support order or child support enforcement service may request a review by the support collection unit. Answers 3 & 4 have no application to this question.

Question 8

 FCA 413-a 3.
An objection to a cost of living adjustment shall be submitted to the court within how many days from the date of the mailing of the adjusted order?
(a)     25 days
(b)     35 days
(c)     45 days
(d)     60 days

Answer 8

(b) 413-a 3. FCA
An objection to a cost of living adjustment as reflected in an adjusted order issued by a support collection unit may be made to the court in writing within 35 days from the date of the mailing of the adjusted order.

Question 9

   FCA 413-a 3.(d)
The court shall conduct the hearing and make its determination on an objection to a cost of living adjustment no later than how many days from the date it receives the objection?
(a)     45 days
(b)     35 days
(c)     25 days
(d)     within a reasonable time as determined by the court.

Answer 9

(a) 413-a 3.(d) FCA
45 days is the correct answer

Question 10

 FCA 416(a)
Which of the following may be a requirement for an order of support?
1.     Necessary shelter
2.     Clothing
3.     Expense of education
4.     Funeral expenses
(a)     1 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     1, 2, 3 & 4

Answer 10

(d) 416(a) (b) FCA
All may be included in the requirements for an order of support in addition to food, of course, and medical attention and the expense of confinement associated with the medical attention, and other proper and reasonable expenses. The court may also order a party to purchase, maintain, or assign a policy of accident insurance or insurance on the life of either party.

Question 11

   FCA 424-a (b)
Upon the failure of a party to provide a completed affidavit of net worth, the support collection unit may review which of the following to initiate proceedings to adjust the child support order?
(1)     federal income tax return
(2)     state income tax return
(3)     current pay check stubs
(4)     representative paycheck stubs
(a)     1 & 3 only
(b)     1, 2 & 3 only
(c)     1, 3 & 4 only
(d)     1, 2, 3 & 4

Answer 11

(d) 424-a (b) FCA
(1)     federal income tax return
(2)     state income tax return
(3)     current pay check stubs
(4)     representative paycheck stubs

Question 12

 FCA 418 (a)
A rebuttable presumption of paternity shall be created by what percent of probability of paternity as a result of a genetic marker test or DNA test?
(a)     95 %
(b)     90 %
(c)     85 %
(d)     75 %

Answer 12

a) 418 (a) FCA
If the result of either the genetic marker test or the DNA test indicate a 95% probability of paternity, the admission of such report shall create a rebuttable presumption of paternity and if unrebutted shall establish the paternity of and liability for support of the child.

Question 13

 FCA 421
Venue in proceedings to compel support may be originated:
(a)     only in the county of residence of the petitioner
(b)     in the county of residence of any party
(c)     in the county of residence of the child for whom support is sought
(d)     in any county designated by the court

Answer 13

(b) 421 FCA
The general rule under article 5 CPLR applies here. Venue shall be placed in the county in which one of the parties resides at the time of the commencement of the action. The filing of the petition commences the procedure in a support proceeding. The court may change the place of trial in accordance with section 511 CPLR.

Question 14

  FCA 422
Which of the following may not originate an article 4 support proceeding?
(a)     social service official
(b)     parent or guardian of a child
(c)     a person in loco parentis
(d)     a presentment agency

Answer 14

d) 422 FCA
The litany of who may originate a proceeding under article 4 goes on and on. Husband, wife, child or relative in need of public assistance or care; a representative of a charitable or philanthropic society having a legitimate interest in the petitioner; any party to a decree of divorce, separation or annulment. In the answer a, b and c are qualified but d, the presentment agency does not apply. A person in loco parentis means one in place of a parent.

Question 15

 FCA 424
Which of the following statements is correct regarding probation service under article 4?
(a)     a local probation service may not provide service to persons seeking to modify an order of support
(b)     the probation service may compel any person to appear at a preliminary conference
(c)     the probation service may not prevent any person who wishes to file a petition from having access to the court for that purpose
(d)     a local probation service may provide services to a person seeking to modify an order of support

Answer 15

(c & d) 424 FCA
Two answers for the price of one. Probation service is available to serve those seeking to establish, modify or enforce a support obligation. Probation does not have the power to prevent or compel any person to appear at a confidential preliminary conference.

Question 16

 FCA 424-a
Under the compulsory financial disclosure section of article 4, a sworn statement of net worth shall be filed with the clerk of the court on a date fixed by the court no later than how many days after the return date of the petition?
(a)     10 days
(b)     15 days
(c)     20 days
(d)     30 days

Answer 16

(a) 424-a FCA
10 days.

Question 17

  FCA 424-a
Included in the sworn statement of net worth shall be a list of assets transferred during what period preceding the date of the sworn statement?
(a)     1 year
(b)     3 years
(c)     4 years
(d)     5 years

Answer 17

(b) 424-a FCA
3 years

Question 18

FCA 426
Under article 4 the summons shall contain which of the following notices stating:
(1)     respondent’s failure to appear may result in an order of default
(2)     respondent must supply the court with proof of his or her assets and income
(3)     respondent’s failure to appear may result in the suspension of his or her driving privileges
(4)     a temporary order of support will be made on the return date of the summons
(a)     1 only
(b)     1 & 2 only
(c)     2, 3 & 4 only
(d)     1, 2,3 & 4

Answer 18

(c) 426 FCA
Number one incorrectly states the section. The respondent’s failure to appear shall result in an order of default. Failure to appear may also result in a suspension of state professional, occupational and business license and also any recreational licenses and permits.

Question 19

  FCA 427 (a) - (c)
Personal service of a summons and petition may be made by delivery of these papers to the person summoned at least how many days before the time stated therein for appearance?
(a)     1 day
(b)     3 days
(c)     5 days
(d)     8 days

Answer 19

d) 427 FCA
Personal service requires at least 8 days notice.

Question 20

 FCA 427 (b)
Under Article 4 FCA, which of the following methods of service of a summons requires an order of the court?
(a)     service upon a person of suitable age and discretion
(b)     substituted service
(c)     service by mail alone
(d)     service by publication

Answer 20

(b) 427 FCA
If, after reasonable effort, personal service is not made, the court may at any stage of the proceedings make an order providing for substituted service.

Question 21

 FCA 428
A certificate of a warrant expires how many days after the date of issue?
(a)     60 days
(b)     90 days
(c)     30 days
(d)     120 days

Answer 21

(b) 428 FCA
After 90 days from the date of issue the warrant may be renewed from time to time by the clerk of the court but the initial duration of a warrant is 90 days.

Question 22

 FCA 429
The court may direct a notice of sequestration of respondent’s property when it appears that the respondent:
(1)     is not within the state
(2)     is about to leave the state
(3)     is concealing himself to avoid personal service of the summons
(4)     refuses to accept personal service
(a)     1 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     1, 2 & 3 only
(e)     1, 2, 3 & 4

Answer 22

(d) 429 FCA
The term sequestration generally applies in matrimonial matters and bears strong resemblance to the CPLR’s provisional remedy of attachment. It allows the court to sequester (attach) respondent’s property, real and or personal, tangible and intangible, within the state. The property sequestered and the income therefrom (should there be any) may be applied to the support and maintenance as directed by the court.

Question 23

 FCA 430
Of the following statements which are most correct concerning a temporary order of protection issued by the court?
(1)     it is not a finding of wrongdoing
(2)     order may be issued on notice
(3)     order may not be issued on ex parte application
(4)     order may not be issued with a warrant
(a)     1 & 2 only
(b)     2 & 3 only
(c)     1 & 3 only
(d)     1,3 & 4 only

Answer 23

(a) 430 FCA
No order of protection under the family court act bears the stigma of a finding of wrong doing when issued by the court. The order may be issued on ex parte application or on notice to the respondent and may be issued with a warrant of arrest.

Question 24

 FCA 431
Of the following statements, which is the least correct regarding the preliminary procedure on a warrant
(a)     when a respondent is taken into custody pursuant to a warrant issued by a family court outside New York city, he shall be taken to the court issuing the warrant
(b)     if a respondent is taken into custody in a different county, he shall be brought before a judge in any county
(c)     when respondent is taken into custody pursuant to a warrant issued by a family court judge in New York city, he shall be taken before the court which issued the warrant when the respondent is taken into custody in New York city
(d)     when the warrant is issued by the family court in New York city and the respondent is taken into custody outside of New York city, he shall be taken before the family court in that county of custody.

Answer 24

(b) 431 FCA
Statement “b” is least correct. The entire answer is section 431’s preliminary procedure on a warrant.

Question 25

FCA 433
Which of the following is/are correct as to the hearing when a respondent is brought before the court on a warrant?
(1)     respondent shall be informed of the contents of the petition
(2)     respondent may not present witnesses at this time
(3)     respondent shall be advised as to his/her right to counsel
(4)     the court may not exclude public from the court room
(a)     1 only
(b)     1 & 3 only
(c)     2 & 4 only
(d)     2,3 & 4 only

Answer 25

(b) 433 FCA
The respondent shall be informed of the contents of the petition and be advised of his or her right to counsel. Respondent shall be heard and may present witnesses. The court may exclude the public from the court room in a proper case.

Question 26

  FCA 435
Of the following statements which are most correct as to the hearing when a respondent is brought before the court on a warrant?
The court may adjourn the hearing:
(1)     to inquire into the surroundings, conditions and capacities of the child
(2)     to inquire into the financial abilities of the custodial parent
(3)     requiring the respondent to give an undertaking upon the court’s adjourning the hearing
(4)     if the respondent is in default, commit him until the hearing resumes
(a)     1 & 2 only
(b)     3 & 4 only
(c)     1, 3, & 4 only
(d)     1, 2, 3 & 4

Answer 26

(c) 435 FCA
The court may adjourn the hearing to inquire into the financial abilities and responsibilities of both parents. Support magistrates who conduct a hearing have the same authority as the court concerning adjournments under 435 (b) FCA.

Question 27

 FCA 439(a)
Which statement is least correct concerning the authority of support magistrates?
Support magistrates:
(a)     shall not be empowered to hear and determine matters of custody
(b)     shall not be empowered to hear and determine matters of visitation
(c)     shall have the authority to make a determination that any person before the support magistrate is in violation of an order of the court
(d)     are empowered to hear a matter of contested paternity involving claims of equitable estoppel

Answer 27

(d) 439 (a) FCA
Support magistrates are appointed by the chief administrator of the courts to hear and determine support proceedings. They are empowered to hear and determine all matters related to the support proceeding including the making of an order of filiation except that where the respondent denies paternity and paternity is contested on the grounds of equitable estoppel, the support magistrate shall not be empowered to determine the issue of paternity but shall transfer the proceeding to a judge of the court for a determination of the issue of paternity.

Question 28

  FCA 439 (f)
Support magistrates shall be appointed by the chief administrator on a full time basis for a term of:
(a)     1 year
(b)     2 years
(c)     3 years
(d)     5 years

Answer 28

Answer (c) 439 (f) FCA
They shall be appointed on a full time basis initially for a term of THREE YEARS and may be reappointed for subsequent terms which shall be five years in length.

Question 29

  FCA 439 (d)
Support magistrates shall:
(a)     have power to issue subpoenas.
(b)     not have the power to issue subpoenas but may administer oaths.
(c)     have the power to issue subpoenas and administer oaths.
(d)     not have the power to issue subpoenas or administer oaths.

Answer 29

(c) 439 (d) FCA
The support magistrate shall have subpoena power and have the authority to administer oaths and may also direct parties to engage in and permit such disclosure as will expedite disposition of issues.

Question 30

 FCA 439 (e)
The final order of determination by a support magistrate shall be entered and transmitted to the parties. Specific written objections to the order may be filed by either party within how many days receipt of the order in court?
(a)     30 days
(b)     20 days
(c)     15 days
(d)     10 days

Answer 30

(a) 439 (e) FCA
30 DAYS: If the order of determination is received by mail, then add 5 days (2103, b 2 CPLR) to the filing of the written objections.

Question 31

FCA 446
In an order of protection issued by the court under article 4, the court:
(1)     may award custody of the child to either parent.
(2)     may award custody of the child to a relative within the second degree of kindred.
(3)     may not place or board out any child or commit a child to an institution or agency.
(a)     1 & 2 only
(b)     1 & 3 only
(c)     3 only
(d)     1, 2 & 3

Answer 31

(d) 446 FCA
The court under article 4’s order of protection applies a gentle hand to the children in these proceedings. Custody may be awarded to either parent or an appropriate relative within the second degree of kindred. Nothing in this section gives the court power to place or board out any child or to commit a child to an institution or agency.

Question 32

 FCA 451 1.
Select the correct answer regarding the courts continuing jurisdiction under article 4:
(a)     the court’s jurisdiction terminates with a disposition of the proceeding
(b)     the court’s jurisdiction continues until its judgment is completely satisfied
(c)     may reduce or annul accrued arrears child support prior to any application to vacate or modify the order of support
(d)     any retroactive amount of support due shall be paid only in periodic sums

Answer 32

(b) 451 1. FCA
The Family Court’s jurisdiction continues under Article 4 over any support order until its judgment is completely satisfied.

Question 33

 FCA 454 2.
The court upon a violation of a support order:
(1)     may enter a money judgment
(2)     may make an order of sequestration
(3)     shall suspend respondents state professional license
(4)     may require respondent to post an undertaking
(a)     1 only
(b)     1 & 2 only
(c)     2 & 4 only
(d)     1,2,3 & 4

Answer 33

(c) 454 2. FCA
The court upon a finding that the respondent has failed to comply with any lawful order of support SHALL enter a money judgment (460 FCA infra); MAY make an income deduction order under 5242 CPLR; MAY require the posting of an undertaking; MAY make an order of sequestration; MAY suspend driving privileges, respondent’s state professional or business license, recreational permits or licenses.

Question 34

FCA 454 3.(a)
In addition to the penalties for failure to obey any lawful order of the court, the court may commit the respondent to jail for a term not to exceed what period of time?
(a)     3 months
(b)     6 months
(c)     1 year
(d)     18 months

Answer 34

(b) 454 3.(a) FCA
The jail term shall be for a period of 6 months. Failure to pay support as ordered by the court shall constitute prima facie evidence of a willful violation of the order of the court. The court may direct that the jail term be served on certain days or parts of days.

Question 35

  FCA 456
The period of probation under article 4 as ordered by the court:
(a)     shall be for a period not to exceed 2 years
(b)     may continue as long as an order of support or an order of protection applies to the probationer
(c)     shall be for a period not to exceed 1 year
(d)     the court may not at any time revoke an order of probation

Answer 35

(b) 456 FCA
In the case of article 4, the order continues so long as an order of support, an order of protection or an order of visitation applies to such person. The court, at any time where circumstances warrant it, may revoke an order of probation.

Question 36

FCA 457
Select the best statement with respect to an order of sequestration for failure to pay support:
(1)     the court may sequester respondent’s property, real or personal within the state
(2)     the court may sequester respondent’s property, real or personal within or without the state
(3)     the court may sequester respondent’s property when respondent leaves the state
(4)     the court may sequester property when respondent threatens to leave the state
(a)     1 only
(b)     2 only
(c)     1,3, & 4 only
(d)     2, 3, & 4
(e)     2 & 4 only

Answer 36

(c) 457 FCA
The property in question, real or personal, tangible or intangible must be located within the state otherwise, it is beyond the court’s jurisdiction. Grounds for the sequestration may be based on the respondent’s threat to leave the state or that he may be unable to be found within the state.

Question 37

 FCA 458-a
Select the least correct statement regarding respondent’s driving privileges being affected for his failure to comply with an order of support:
(a)     court must order the suspension of respondent’s driving privileges
(b)     court may order the suspension of the respondent’s driving privileges
(c)     court may restrict the use of respondent’s driving privileges
(d)     court may at any time terminate the order under which respondent’s driving privileges were suspended

Answer 37

(a) 458-a FCA
If the respondent, after receiving notice, fails to comply with a summons, subpoena or warrant relating to a paternity or child support proceeding, the court may suspend the respondent’s driving privileges. The court may issue a restricted suspension thus allowing respondent to use a vehicle in his business or other necessary driving essential to the respondent and beneficial to the petitioner. This remedy is available to the court where the respondent has fallen 4 months in arrears of the support obligation. The court at any time upon payment of arrears or partial payment of arrears by the respondent order the department of motor vehicles to terminate the suspension of the respondent’s driving privileges.

Question 38

    FCA 458-b
In addition to suspending respondent’s driving privileges for failure to comply with a summons, subpoena or warrant relating to paternity or child support proceedings, the court may:
(1)     suspend respondent’s license to conduct a business or trade
(2)     suspend respondent’s professional state license
(3)     terminate the suspension of a license or permit upon the respondent’s compliance with the lawful order of the court
(4)     suspend (hold in abeyance) any order of the respondent’s license suspension for one year
(a)     1 & 2 only
(b)     1 & 3 only
(c)     2 & 3 only
(d)     1,2,3 & 4

Answer 38

(d) 458-b FCA
The court, in order to enforce collection of support in arrears, may proceed by taking action to suspend the respondent’s business or occupational license or permit or the respondents state professional license. If the court at any time is satisfied that the respondent has fully complied with the lawful process of the family court relating to paternity or child support proceedings the court shall order the termination of such suspension. NOTE: The court may, in lieu of suspension of the license, suspend or hold in abeyance the order of the licensing suspension for one year. This generally occurs when the suspension of the respondent’s license or permit in the courts determination would create extreme hardship to either the respondent or the person he or she serves.

Question 39

   FCA 461 (b) / 541 2.
If an order of the supreme court requires support of a child, the family court:
(1)     may entertain an application to enforce that order
(2)     must entertain an application to enforce that order
(3)     must entertain an application to modify such order on the ground of changed circumstances
(4)     may entertain an application to modify such order upon showing a substantial change of circumstances
(a)     1 only
(b)     1 & 4 only
(c)     2 only
(d)     3 & 4 only

Answer 39

(b) 461 (b) FCA
Option (1) is clear. Option (2) reflects the essence of FCA Sec. 451, subd. 2

Question 40

 FCA 466
Which of the following statements is/are correct concerning the effect of granting support in a matrimonial action?
(1)     the supreme court may provide that only the family court may enforce such order
(2)     the supreme court may order that only the supreme court may enforce or modify a supreme court order in a matrimonial action
(3)     if the supreme court enters an order granting alimony, maintenance or support but does not enforce such order, the family court may entertain an application to enforce the order or decree granting the alimony, maintenance or support
(a)     1 only
(b)     2 only
(c)     1 & 2 only
(d)     3 only
(e)     1,2 & 3

Answer 40

(e) 466 FCA
If the supreme court entertains an order or decree granting alimony, maintenance or support in an action for divorce, separation or annulment, and does not exercise its authority under 466 (a), (b), that is, retaining exclusive control or providing that the family court may entertain such an application, the family court may entertain an application to enforce the order or decree of the supreme court granting alimony, maintenance or support.

Question 41

  FCA 471
In a support proceeding the court may require that the respondent post an undertaking for what period of time?
(a)     a definite period not to exceed 1 year
(b)     an indefinite period not to exceed 2 years
(c)     a definite period not to exceed 3 years
(d)     an indefinite period not to exceed 3 years

Answer 41

Answer (c) 471 FCA
Such an undertaking shall be for a definite period not to exceed 3 years and the required amount of the principal of the undertaking shall not exceed the total payments of support required for 3 years.

Question 42

   FCA 461 (c) TRUE OR FALSE
The family court has exclusive original jurisdiction over support or maintenance in divorce, separation or annulment actions.

Answer 42

(F) 461 (c) FCA
The supreme court has jurisdiction over matrimonial actions of divorce, separation and annulment. The supreme court is empowered under DRL, section 240, to determine child support in these actions.

Question 43

  FCA 413 1.(c)(2) TRUE OR FALSE
The court shall multiply the combined parental income up to $80,000 by the appropriate child support percentage to determine the basic child support obligation.

Answer 43

(F) 413 1 (c) FCA
The court shall multiply the combined parental income up to the amount set forth in Section 111-l subdivision 2 (b) of the Social Services Law by the appropriate child support percentage and such amount shall be prorated in the same proportion as each parent’s income is to the combined paternal income.

Question 44

 FCA 413 1.(e) TRUE OR FALSE
The court may allocate a portion of lottery winnings to child support.

Answer 44

(T) 413 1.(e) FCA
The court MAY allocate a portion of lottery winnings to support and shall determine the manner of payment. Lottery winnings are in a group of non-recurring payments from extraordinary sources not otherwise considered income.

Question 45

 FCA 413 1.(f) TRUE OR FALSE
The court shall calculate the basic child support obligation as well as the non-custodial parent’s pro rata share of the basic child support.

Answer 45

(F) 413 1.(f) FCA
Unless the court finds that the non-custodial parent’s pro rata share is unjust or inappropriate.

Question 46

 FCA 413 3.b.(6) TRUE OR FALSE
If the court receives no specific written objections to an adjusted order of support, within 35 days of the mailing of the proposed order, the clerk of the court shall immediately issue the order without any further review.

Answer 46

(T) 413 3.b.(6) FCA
The clerk of the court shall issue the order without any further review, modification or other prior action by the court or any judge or support magistrate and immediately transmit copies to the parties and support collection unit.

Question 47

 FCA 413 4. TRUE OR FALSE
Any party to a child support order issued prior to September 15, 1989, on behalf of a child in receipt of public assistance may request a review of the order for a cost of living adjustment.

Answer 47

(T) 413 4. FCA
The effective date of the order in this instance must be prior to September 15, 1989 in order to have the support collection unit review the order for a cost of living adjustment. The adjustment if warranted, shall be made by the support collection unit.

Question 48

  FCA 413-a 3. TRUE OR FALSE
An objection to a cost of living adjustment, as reflected in an adjusted order by the support collection unit, shall be submitted to the court within 45 days from the mailing date of the adjusted order.

Answer 48

(F) 413-a 3. FCA
The objection may be made to the court within 35 days from the mailing date of the adjusted order.

Question 49

 FCA 413-a 3.(d)
If an order of the support collection unit which is under review by the court does not provide for health insurance for the child, the court shall make a determination regarding such benefits.

Answer 49

(T) 413-a 3.(d) FCA
This addition to §413-a 3.(d) is fortified by section 416(d) which provides for “health benefits as an element of support.”

Question 50

 FCA 416 (b)
The court may include in the requirements for an order of support that a party purchase, maintain or assign a policy of accident insurance or insurance on the life of either party.

Answer 50

(T) 416 (b) FCA
With respect to life insurance there shall be a designation as to the person or persons on whose behalf the petition for support has been brought. However, the obligation to provide such insurance coverage ceases upon the termination of such party’s duty to provide support.

Question 51

 FCA 416 (k) TRUE OR FALSE
Upon a finding that a legally responsible relative wilfully failed to obtain health insurance benefits in violation of an order of support by the court, such relative will be presumptively liable for all health care expenses incurred on behalf of such dependents.

Answer 51

(T) 416(k) FCA
Any legally responsible relative will be assumed liable for such health care expenses incurred on behalf of such dependents from the date the dependents were eligible to be enrolled to receive health insurance benefits after the issuance of the order of support directing the acquisition of the coverage.

Question 52

 FCA 417 TRUE OR FALSE
A child born of parents prior to their entering into a ceremonial marriage shall not be deemed the legitimate child of both parents.

Answer 52

(F) 417 FCA
A child born of parents who at any time prior to or after their entry into a ceremonial marriage SHALL BE DEEMED the legitimate child of both parents.

Question 53

FCA 418 (a) TRUE OR FALSE
If the results of a DNA or genetic marker test indicate at least a 95% probability of paternity, the admission of such shall create a rebuttable presumption of paternity.

Answer 53

T) 418 (a) FCA
If unrebutted, the report shall establish the paternity of and liability for support of the child.

Question 54

 FCA 424-a TRUE OR FALSE
In all support proceedings in family court there shall be compulsory disclosure of their financial states by both parties. This requirement shall not apply to a social service official who is a party in a support proceeding.

Answer 54

(T) 424-a FCA
As stated in the section.

Question 55

FCA 424-a TRUE OR FALSE
Financial compulsory disclosure may be waived by the court.

Answer 55

(F) 424-a FCA
Financial compulsory disclosure may not be waived by the court or by either party. No showing of special circumstances shall be required before such disclosure is ordered.

Question 56

FCA 424-a TRUE OR FALSE
All sworn statements of net worth shall be accompanied by most recently filed federal and state income tax returns including a copy of W-2 forms.

Answer 56

(T) 424-a FCA
The W-2 form, wage and tax statement is also required in addition to the copies of the federal and state income tax forms.

Question 57

   FCA 425 TRUE OR FALSE
An agreement by and between the petitioner and the respondent for support may only be approved by the court.

Answer 57

F) 425 FCA
If such an agreement for support is approved by the court or a support magistrate then, without further hearing, an order may be entered for the support of the petitioner in accordance with the agreement and shall be binding upon the respondent.

Question 58

   FCA 428 (b) TRUE OR FALSE
The petitioner may not serve a warrant on the respondent unless the court grants permission upon application of the petitioner.

Answer 58

T) 428 (b) FCA
The court may grant such permission upon the application of the petitioner.

Question 59

 FCA 428 (d) TRUE OR FALSE
The family court rules shall provide that a record of all unserved warrants be kept and periodic reports of unserved warrants be made.

Answer 59

(T) 428 (d) FCA & 205.38 FCR
The rules of the court shall so provide.

Question 60

 FCA 429
Should income and profits from sequestered property be insufficient to pay sums of money required, the court may direct the mortgage or sale of such real estate to pay such sums.

Answer 60

(T) 429 FCA
The property sequestered and the income therefrom may be applied in whole or in part to the support payments as directed by the court during the pendency of the proceedings or at the termination of the proceedings for support and maintenance of any children of the marriage and for support of a spouse including payment for his or her expenses in bringing and carrying on the proceeding.

Question 61

 FCA 433 (a) TRUE OR FALSE
If the initial return of a summons or a warrant is before a judge of the court when support is an issue, the judge may make an immediate order either temporary or permanent with regard to support.

Answer 61

(F) 433 (a) FCA
The court, when the issue is support, MUST make an immediate order, either permanent or temporary with regard to support. If a temporary order is made, the court shall refer the issue of support to a support magistrate for final determination.

Question 62

 FCA 433 (c) & (d) TRUE OR FALSE
A deposition or testimony under FCA article 4 taken by electronic means shall be recorded and may be preserved for transcription.

Answer 62

(F) 433 (c) & (d) FCA
Any such deposition or testimony permitted by the court, taken by telephone, audio-visual means or other electronic means shall be recorded and SHALL be preserved.

Question 63

   FCA 436 TRUE OR FALSE
Wives and husbands are competent witnesses against each other and may testify as to non-access at a hearing on the return of a summons or warrant.

Answer 63

(T) 436 FCA
Husbands and wives may testify as to non-access (absence of sexual intercourse) at a hearing by the court or a support magistrate.

Question 64

 FCA 437 TRUE OR FALSE
A respondent is not presumed to have sufficient means to support a child under 21 years of age.

Answer 64

(F) 437 FCA
A respondent is presumed prima facie to have the means to support his or her spouse and children under the age of 21 years.

Question 65

 FCA 438 (a) TRUE OR FALSE
In any proceeding under article 4, the court may allow counsel fees to the attorney representing spouse, former spouse or person on behalf of children.

Answer 65

(T) 438 (a) FCA
Any proceeding under article 4 or any hearing to modify or enforce an order of the court including an appeal under article 11 FCA, may allow counsel fees at any stage of the proceedings.

Question 66

 FCA 439 (b) TRUE OR FALSE
Where an order of filiation is issued by a judge in a paternity proceeding and child support is in issue, only the judge shall make a temporary or final order of support.

Answer 66

(F) 439 (b) FCA
The judge or support magistrate upon referral from the judge, shall be authorized to immediately make a temporary or final order of support.

Question 67

FCA 441 TRUE OR FALSE
If a neglect petition was filed in a support proceeding and the court dismisses the support petition, the court retains jurisdiction over the neglect petition.

Answer 67

T) 441 FCA
The court retains jurisdiction over the neglect petition whether or not it dismisses the support petition.

Question 68

FCA 449 TRUE OR FALSE
Any order of spousal support shall be effective as of the date of the filing of the petition.

Answer 68

(T) 449 FCA
Any order of spousal support becomes effective on the date of the filing of the petition. Any retroactive support due shall be paid in a lump sum or periodic sums to the petitioner.

Question 69

 FCA 446 TRUE OR FALSE
An order of protection, when applicable, may be entered against a member of the same family or household as defined in §812 1.(e) FCA Family Offenses.

Answer 69

(T) 446 FCA
As stated in section 812 1.(e) FCA, Family Offenses

Question 70

FCA 453(a) TRUE OR FALSE
A violation of a court order of support may only be originated by the original petitioner, or any person to whom order is expressly payable.

Answer 70

(F) 453 (a) FCA
Such a violation of a court order may also be originated by the support collection unit or any person who may originate proceedings

Question 71

 FCA 454 2 TRUE OR FALSE
Upon a finding that a respondent has failed to comply with any lawful order of support, the court has limited options.

Answer 71

(F) 454 2 FCA
The court has at least 9 options against the violating respondent.

Question 72

 FCA 460 2. TRUE OR FALSE
A certified copy of the order directing the entry of a money judgment shall be entered in the office of the clerk of the county in which the proceeding was commenced.

Answer 72

(T) 460 2. FCA
As in any civil money judgment, an order docketed under article 4 shall have the same effect as a docketed judgment entered in the supreme court and may be enforced by execution or in any other manner provided by law for the collection of a money judgment.

Question 73

 FCA 462 TRUE OR FALSE
When the supreme court makes an order for support in a matrimonial action, the family court order of support terminates unless the supreme court continues the family court order.

Answer 73

(T) 462 FCA
As stated in the section.

Question 74

 FCA 463 TRUE OR FALSE
A supreme court separation order precludes the filing of a family court petition for support of a spouse who is likely to become in need of public assistance or care.

Answer 74

(F) 463 FCA
A supreme court separation order does not preclude the filing of a family court petition for support of a spouse who is likely to become in need of public assistance or care.

Question 75

FCA 464 (a) TRUE OR FALSE
The supreme court in a matrimonial action may, on its own motion or motion of either spouse, refer an application for support to the family court.

Answer 75

(T) 464 (a) FCA
The supreme court may make such a referral to the family court for support, maintenance or a distribution of marital property. Under such a referral the family court has the same jurisdiction to determine the application with the same powers possessed by the supreme court.

Question 76

 FCA 465 TRUE OR FALSE
After a final adjudication of an action for separation by the supreme court denying support, the family court may not entertain a petition for support of such spouse.

Answer 76

(F) 465 FCA
The family court may indeed entertain an application for support of a spouse even though the supreme court denied the application, if the family court is of the opinion that the circumstances of the parties have changed or it appears that the petitioner is likely to become in need of public assistance or care.

Question 77

 FCA 446-a TRUE OR FALSE
Upon issuance of an order of protection or temporary order of protection, or upon a violation of such order, the court shall make a determination regarding the suspension and revocation of a license to carry, possess, repair or dispose of a firearm(s), ineligibility for a license and the surrender of the firearm per FCA Sec. 842-a.

Answer 77

Answer (T) 466-a FCA
This new section of the FCA is effective as of 3/16/13 per chapter 1 of the laws of 2013.