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FCA - FUTURE CLERK 2023: THE CLERKENING > Article 4 Volume 1 > Flashcards

Article 4 Volume 1 Flashcards

1
Q

411- JURISDICTION:
The family court has ___________ over proceedings for support or maintenance (spousal support) under this article.

A

exclusive original jurisdiction

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2
Q

411- JURISDICTION:
On its own motion, the court may at any time direct the filing of a _______ petition under article ten of this act

A

neglect

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3
Q

417- CHILD OF CEREMONIAL MARRIAGE
A child born of parents who at any time before or after the birth of such child have entered into a ceremonial marriage shall be deemed the legitimate child of both parents

A

417- CHILD OF CEREMONIAL MARRIAGE
A child born of parents who at any time before or after the birth of such child have entered into a ceremonial marriage shall be deemed the legitimate child of both parents

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4
Q

418- GENETIC MARKER AND DNA TESTS

The court on its own motion or on the motion of any party when paternity is contested, shall order the mother, the child and the alleged father to submit to one or more genetic marker or DNA tests. No test shall be ordered however upon a written finding that it is not in the best interests of the child (estoppel).

A

418- GENETIC MARKER AND DNA TESTS

The court on its own motion or on the motion of any party when paternity is contested, shall order the mother, the child and the alleged father to submit to one or more genetic marker or DNA tests. No test shall be ordered however upon a written finding that it is not in the best interests of the child (estoppel).

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5
Q

418- GENETIC MARKER AND DNA TESTS

If the DNA report indicates a ______________ probability of paternity, then a rebuttable presumption of paternity shall be established.

A

NINETY-FIVE PERCENT (95%)

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6
Q

418- GENETIC MARKER AND DNA TESTS

The costs of such tests in the first instance shall be paid by the __________.

If the __________ is unable to pay such costs the court may direct any qualified public health officer to perform the tests or have it paid for by funds from the local social services district. The court can order the cost to be apportioned between the parties or against the party who does not prevail.

A

moving party…….. moving party

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7
Q

421 - VENUE.
The venue in proceedings under this article is where one of the parties _______ or __________ at the time of the filing of the petition

A

reside or is domiciled

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8
Q

422 - PERSONS WHO MAY ORIGINATE PROCEEDINGS.

Proceedings may be originated by the following to compel a person chargeable with support to pay such support:

  1. A husband, wife, child or relative in need of public assistance or care
  2. A social services official
  3. The commissioner of mental health
  4. A parent or guardian of a child or other person in “loco parentis”
  5. A representative of a charitable or philanthropic society having legitimate interest in the petitioner
  6. A guardian ad litem, committee, conservator, next friend or other person appointed by the court on behalf of a dependent relative when the petitioner is unable due to a physical or mental condition
A

422 - PERSONS WHO MAY ORIGINATE PROCEEDINGS.
Proceedings may be originated by the following to compel a person chargeable with support to pay such support:
1. A husband, wife, child or relative in need of public assistance or care
2. A social services official
3. The commissioner of mental health
4. A parent or guardian of a child or other person in “loco parentis”
5. A representative of a charitable or philanthropic society having legitimate interest in the petitioner
6. A guardian ad litem, committee, conservator, next friend or other person appointed by the court on behalf of a dependent relative when the petitioner is unable due to a physical or mental condition

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9
Q

422 - PERSONS WHO MAY ORIGINATE PROCEEDINGS.
ln addition to the forgoing, any party to decree of divorce, separation, or annulment may originate a proceeding to enforce or modify a decree of ________ or another court of competent jurisdiction

A

Supreme court

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10
Q

423- PETITION; PRIOR DEMAND NOT REQUIRED.
Proceedings are commenced by the filing of a petition which may be based upon information and belief.

A prior demand for support (IS/ISNOT) required before bringing a petition

A

IS NOT

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11
Q

424- PROBATION SERVICES.
A local probation service may provide services to

  • A party seeking to establish, modify or enforce a support obligation; or
  • to persons ordered to pay support who seek ____________.

The probation service shall not prevent any person from filing a petition or having access to the court to do so

A

a modification

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12
Q

424A- COMPULSORY FINANCIAL DISCLOSURE

There shall be compulsory disclosure by both parties of their respective financial states; this requirement shall not apply to a ______________ who is a party to the action

A

social services official

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13
Q

424A- COMPULSORY FINANCIAL DISCLOSURE
A sworn statement (FINANCIAL DISCLOSURE AFFIDAVIT) of net worth shall be filed with the clerk on a date to be fixed by the court but in no event later than _________ after the return date of the petition

A

TEN (10) DAYS

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14
Q

424A- COMPULSORY FINANCIAL DISCLOSURE

All such statements of net worth shall be accompanied by a current or representative pay stub, and the most recently filed tax returns.

The parties shall also provide information regarding group health plans available to them and the children.

A

424A- COMPULSORY FINANCIAL DISCLOSURE

All such statements of net worth shall be accompanied by a current or representative pay stub, and the most recently filed tax returns.

The parties shall also provide information regarding group health plans available to them and the children.

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15
Q

424A- COMPULSORY FINANCIAL DISCLOSURE

lf a _________ fails to provide these required items the court may grant the relief demanded in the petition or preclude the respondent from offering evidence towards their financial ability to pay

A

RESPONDENT

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16
Q

424A- COMPULSORY FINANCIAL DISCLOSURE

If a __________ fails to provide these required items, the court may adjourn the proceeding until they do

A

PETITIONER

17
Q

425- AGREEMENT TO SUPPORT.
Any agreement for support by the parties must be reduced to writing and submitted to the family court or a support magistrate for approval. lf approved it will be binding as a ____________

A

court order

18
Q

426- ISSUANCE OF SUMMONS.
Upon the filing of a petition the court may cause a copy of the petition and a summons to be issued requiring the respondent to show cause why an order of support should not be issued
The summons shall contain a notice stating:
1. The respondent’s failure to appear will result in an entry of an order of default
2. That the respondent must provide proof of his or her income
3. That a temporary or permanent order of support will be made on the return date of the summons
4. That the respondent’s failure to appear may result in the suspension of his or her driving privileges, state professional, occupational and business licenses and recreational licenses or permits

A

426- ISSUANCE OF SUMMONS.
Upon the filing of a petition the court may cause a copy of the petition and a summons to be issued requiring the respondent to show cause why an order of support should not be issued
The summons shall contain a notice stating:
1. The respondent’s failure to appear will result in an entry of an order of default
2. That the respondent must provide proof of his or her income
3. That a temporary or permanent order of support will be made on the return date of the summons
4. That the respondent’s failure to appear may result in the suspension of his or her driving privileges, state professional, occupational and business licenses and recreational licenses or permits

19
Q

427-SERVICE

Personal service of the summons and petition may be made by delivery to the person summoned at least __________ before the time stated for appearance or by delivery to a person of suitable age and discretion at the respondent’s place of business or dwelling AND mailing to the last known address at least __________ before the time stated for appearance

A

EIGHT (8) DAYS …. EIGHT (8) DAYS

20
Q

427-SERVICE

lf after reasonable efforts were made without success, the court may grant service by substituted service under the laws of the _________

A

CPLR 308

21
Q

427-SERVICE

Service can also be made by mail alone at least __________ before the time stated for appearance, regardless if attempted by the first two methods mentioned above. lf service is by mail alone, the court will only enter an order of default for support upon proof the respondent actually received the notice (certified mail and signed for)

A

EIGHT (8) DAYS

22
Q

427-SERVICE

The respondent has _________ from the entry of a default order to make a motion for relief from such order.

A

ONE (1) YEAR

23
Q

428- WARRANTS

The court may issue a warrant directing the respondent to be arrested when:

  1. The summons cannot be served
  2. The respondent has failed to obey the summons
  3. The respondent is likely to leave the jurisdiction
  4. The summons in the court’s opinion would be ineffectual
  5. The safety of the petitioner is endangered
  6. A respondent on bail or parole has failed to appear

Rules of the court provides that reports on unserved warrants be made periodically

A

428- WARRANTS

The court may issue a warrant directing the respondent to be arrested when:

  1. The summons cannot be served
  2. The respondent has failed to obey the summons
  3. The respondent is likely to leave the jurisdiction
  4. The summons in the court’s opinion would be ineffectual
  5. The safety of the petitioner is endangered
  6. A respondent on bail or parole has failed to appear

Rules of the court provides that reports on unserved warrants be made periodically

24
Q

428- WARRANTS

The petitioner may not serve the warrant without permission of the court.
The clerk of the court may issue to the petitioner a “__________ “ indicating a warrant has been issued. The presentation to a police officer or peace officer acting pursuant to his special duties of this certificate authorizes him to arrest the respondent to bring him before the court

A

certificate of warrant

25
Q

428- WARRANTS

A certificate of warrant expires ___________ from the date of issue but may be renewed from time to time by the clerk of the court

A

NINETY (90) DAYS

26
Q

429- SEQUESTRATION OF PROPERTY

The court may sequester real and personal property of a respondent when it is believed:

  • they are not within the state,
  • cannot be found or
  • is concealing his or her self which is preventing service on them
A

429- SEQUESTRATION OF PROPERTY

The court may sequester real and personal property of a respondent when it is believed:

  • they are not within the state,
  • cannot be found or
  • is concealing his or her self which is preventing service on them
27
Q

429- SEQUESTRATION OF PROPERTY

The court may authorize such petitioning spouse to occupy the respondent’s house without the liability of _______ or other expenses

A

rent

28
Q

430- TEMPORARY ORDERS OF PROTECTION
Under this article the court may issue a temporary order of protection ex-parte or on notice and can be in conjunction with a warrant

A

430- TEMPORARY ORDERS OF PROTECTION
Under this article the court may issue a temporary order of protection ex-parte or on notice and can be in conjunction with a warrant

29
Q

430- TEMPORARY ORDERS OF PROTECTION

Support Magistrates (CAN/CANNOT) issue orders of protection pursuant to FCA 439

A

CANNOT

FCA - FUTURE CLERK 2023: THE CLERKENING (46 decks)

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