Article 5-B Uniform Interstate Family Support Act (UIFSA)

Question 1

 FCA 580-102 (16)
Under article 5-B, the term “obligee” means:
(1)     an individual to whom a duty of support is or is alleged to be owed.
(2)     an individual in whose favor a support order or judgment determining parentage of a child has been issued.
(3)     an individual seeking a judgment determining parentage of the individual’s child.
(4)     a person that is a creditor in a support proceeding.
(a)     1 & 2 only
(b)     2 & 3 only
(c)     1, 2 & 3 only
(d)     1, 2, 3 & 4

Answer 1

(d) 580-102 (16) FCA
All are correct. Also, a foreign, state or political subdivision of a state to which the rights under a duty of support or support order have been assigned, or which has independent claims based on financial assistance provided to an individual obligee in place of child support may be an obligee.

Question 2

 FCA 580-102 (17)
The term “obligor” under article 5-B means an individual that:
(1)      owes or is alleged to owe a duty of support.
(2)      is alleged to be a parent of a child.
(3)      Is liable under a support order.
(4)      Is a debtor in a parenting proceeding.
(a)     1, 3 & 4 only
(b)     1 & 2 only
(c)     2 & 3 only
(d)     1, 2, 3 & 4

Answer 2

(a) 580-102 (17) FCA
Statement (2) should read, is alleged “but has not been adjudicated” to be a parent of a child to make it a valid statement.

Question 3

 FCA 580-102 (27)
“Support enforcement agency” means a public official, governmental entity or private agency authorized to:
(1)     seek enforcement of support orders or laws relating to the duty of support.
(2)     seek establishment or modification of child support.
(3)     request determination of parentage of a child.
(4)     attempt to locate obligors or their assets.
(a)     all are correct
(b)     all are incorrect
(c)     most are correct
(d)     most are incorrect

Answer 3

a) 580-102 (27) FCA
All are correct however one is missing. Add to the definition: “To request determination of the controlling child support order.”

Question 4

 FCA 580-102 (2)
Under article 5-B, a “child” means an individual:
(1)     over the age of majority.
(2)     who is owed a duty of support by a parent.
(3)     who is the beneficiary of a support order directed to the parent.
(4)     who is under the age of majority.
(a)     1 & 4 only
(b)     2 & 4 only
(c)     1 & 3 only
(d)     1, 2, 3 & 4

Answer 4

(a) 580-102 (2) FCA
In all cases, the child can be over or under the age of majority. Missing from statements (2) and (3) are “alleged” to be owed and “alleged” to be the beneficiary, making them incorrect as written.

Question 5

 FCA 580-102 (8)
“Home state” under article 5-B shall mean a state or foreign country in which a child lived with a parent or a person acting as parent for at least how many months immediately preceding the time of filing of a petition or comparable pleading for support?
(a)      3 months
(b)      6 months
(c)      9 months
(d)      1 year

Answer 5

(b) 580-102 (8) FCA
If a child is less than 6 months old, the “home state” is the state or foreign country where the child lived from birth.

Question 6

FCA 580-204
The family court may exercise jurisdiction to establish a support order if a petition or comparable pleading is filed in another state or foreign country but only if:
(1)     the time allowed for a responsive pleading in another state is timely served.
(2)     the contesting party timely challenges the jurisdiction of another state.
(3)     this state is the home state of the child, if relevant.
(4)     the contesting party timely challenges the jurisdiction of this state.
(a)     1 & 2 only
(b)     2 & 3 only
(c)     2, 3 & 4 only
(d)     1, 2 & 3 only

Answer 6

(d) 580-204 FCA
This section of 5-B deals with New York’s ability to exercise jurisdiction to establish a support order filed in another state or foreign country. Choices 1, 2 & 3 pertain to when New York may exercise jurisdiction.

Question 7

 FCA 580-205
Which of the following statements is least correct regarding modification of a child support order?
(a)     A tribunal of this state has and shall exercise continuing, exclusive jurisdiction if the order is the controlling order.
(b)     A tribunal of this state that has issued a child support order consistent with the law of this state shall exercise continuing, exclusive jurisdiction to modify the order.
(c)     If a tribunal of another state has issued a child support order pursuant to the UIFSA or a substantially similar law which modifies a child support order of this state, tribunals of this state shall recognize the jurisdiction of the other state.
(d)     A tribunal of this state that lacks continuing, exclusive jurisdiction to modify a child support order may serve as an initiating tribunal of another state to modify the order issued in that state.

Answer 7

(b) 580-205 FCA

Question 8

 FCA 580-303
Select the least correct statement per NYS law. A responding tribunal of this state:
(a)     shall apply the procedural and substantive law generally applicable to similar proceedings originating in this state.
(b)     may exercise all powers and provide all remedies available in those proceedings.
(c)     shall determine the duty of support and the amount payable per law and support guidelines of this or an initiating state.
(d)     shall comply with preceding except as otherwise provided in article 5-B.

Answer 8

(c) 580-303 FCA
The inclusion of “initiating state” makes statement (c) least correct.

Question 9

FCA 580-304
Upon the filing of a petition authorized by article 5-B, an initiating tribunal of this state shall forward:
(1)     the petition and its accompanying documents in all cases.
(2)     as in statement (1), to the responding tribunal.
(3)     in lieu of statement (2), to the appropriate support enforcement agency in the responding state.
(4)     to the state information agency of the responding state of the responding tribunal.
(a)     all are correct
(b)     all are incorrect
(c)     most are correct
(d)     most are incorrect

Answer 9

(c) 580-304 FCA
Most are correct. Only (4) is faulty. Such forwarding shall occur if the identity of the responding tribunal is unknown. Note that a request shall be included that they forward the petition and documents to the appropriate tribunal and acknowledge receipt thereof.

Question 10

 FCA 580-305 (a),(b)
When the family court receives a petition or comparable pleading from an initiating state tribunal, it shall file the petition or comparable pleading and notify the petitioner as to when and where it was filed. The family court may then:
(1)     establish or enforce a support order.
(2)     determine parentage.
(3)     order an obligor to comply with a support order.
(4)     place liens and order execution on the obligor’s property.
(5)     issue a warrant for an obligor who has failed to appear at a hearing ordered by the tribunal.
(a)     1, 3 & 4 only
(b)     2 & 3 only
(c)     1, 3, 4 & 5
(d)     1, 2 3, & 4 only
(e)     1, 2, 3, 4 & 5

Answer 10

(e) 580-305 (a),(b) FCA
All choices are correct.

Question 11

 FCA 580-306
If a petition is received by an inappropriate tribunal of this state, it shall:
(a)     forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent.
(b)     return the petition to the original state.
(c)     retain the pleading and notify the petitioner of its intent to retain the pleading.
(d)     strike the pleading with leave to resubmit.

Answer 11

(a) 580-306 FCA
If a petition or comparable pleading is received by an inappropriate tribunal of this state, that tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent. Of course, the appropriate tribunal in this state is the Family Court.

Question 12

FCA 580-308
If the Attorney General determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the AG…
(1)     may order the agency to perform its duties under Article 5-B.
(2)     may provide those services directly to the individual.
(3)     petition the court to intervene.
(4)     seek other remedial action.
(a)     3 & 4
(b)     2 & 3
(c)     1 & 2
(d)     1 & 3
(e)     none of the above

Answer 12

(c) 580-308 FCA
Both options 1 and 2 are available to the Attorney General in such cases.

Question 13

 FCA 580-307 (5),(6)
It shall be the duty of a support enforcement agency to, within how many days after receipt of a written communication from the respondent, notify the petitioner that jurisdiction over the respondent cannot be obtained
(a)     10 days
(b)     5 days
(c)     10 days exclusive of Saturdays, Sundays and legal holidays
(d)     5 days exclusive of Saturdays, Sundays and legal holidays

Answer 13

(c) 580-307 (5),(6) FCA
 10 days exclusive of Saturdays, Sundays and legal holidays

Question 14

  FCA 580-311(a), 312
Which of the following statement(s) are correct without any exception? A petition seeking to establish a support order or determine parentage of a child or register and modify a support order of another state or foreign country must:
(a)     file a petition.
(b)     provide so far as known, the name, residential address and social security number of the obligor and obligee or the parent and alleged parent.
(c)     provide the name, sex, residential address, social security number and date of birth of each child whose benefit support is sought or is to be determined.

Answer 14

(a) 580-311(a), 312 FCA
Statements (b) and (c) are preceded with “Unless otherwise ordered under section 580-312” which allows for nondisclosure of information in exceptional circumstances.

Question 15

  FCA 580-316
Which of the following statements is least correct as to the special rules of evidence and procedure under article 5-B FCA
(a)     A copy of the record of child support payments certified as a true copy is evidence of the facts asserted in it and is admissible to show if payments were made.
(b)     Documentary evidence transmitted from another state to the family court in New York by telephone, telecopier or other electronic means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.
(c)     A tribunal of this state may permit a party or a witness residing in another state to be deposed or to testify by telephone, audio-visual means or other electronic means.
(d)     The physical presence of the petitioner in a responding tribunal of this state is required for the establishment, enforcement or modification of a support order.

Answer 15

(d) 580-316 FCA
Choices a, b and c are correct. The physical presence of the petitioner in a responding tribunal of this state is not required for the establishment, enforcement or modification of a support order or entry of judgment determining parentage.

Question 16

  FCA 580-318
When exercising jurisdiction over a non-resident, a tribunal of this state:
(1)     may request a tribunal of another state to assist in obtaining discovery.
(2)     may not request a tribunal of another state to assist in obtaining discovery.
(3)     may, upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by another state.
(4)     may not compel a person over whom it has jurisdiction to respond to a discovery order issued by another state.
(a)     1 only
(b)     2 & 3 only
(c)     1 & 3 only
(d)     2 & 4 only

Answer 16

(c) 580-318 FCA
The basic thrust of the Uniform Interstate Family Support Act is the utilization of the cooperation of the Act as embraced by all of the states. Sections 580-201 (long arm jurisdiction), 580-202, 580-316 and 580-318 join forces in obtaining jurisdiction and exercising that jurisdiction over the non-resident.

Question 17

 FCA 580-401
With regard to the establishment of a support order:
(1)     If an order entitled to recognition has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order.
(2)     Statement (1) applies if the individual seeking the order resides outside this state.
(3)     Statement (1) applies if the support enforcement agency seeking the order is located outside this state.
(4)     A temporary child support order may not be issued to an individual ordered to pay support in a previous proceeding.
(a)     1 and 2 only
(b)     1, 2 & 3 only
(c)     2, 3 & 4 only
(d)     1, 3 & 4 only

Answer 17

(b) 580-401 FCA
Statement (4) is incorrect.

Question 18

  FCA 580-602(a)(2)
A support order of another state or a foreign support order may be registered in this state for enforcement by sending:
(a)     three copies, one of which must be certified.
(b)     one certified copy with the state seal affixed thereon.
(c)     two copies, including one certified copy, of all orders to be registered, including any modification of an order.
(d)     three certified copies of all orders to be registered.

Answer 18

(c) 580-602(a)(2) FCA
As clearly stated in subdivision (a)(2) of this section.

Question 19

FCA 580-604
The law of the issuing state or foreign country governs which of the following with respect to current payments and other obligations of support?
(1)     the nature of the support
(2)     the extent of the support
(3)     the amount of the support
(4)     the duration of the support
(a)     1 & 3 only
(b)     2 & 4 only
(c)     3 & 4 only
(d)     1, 2, 3 & 4

Answer 19

(d) 580-604 FCA
The law of the issuing state governs all selections in the question. If New York is the issuing state, then New York law shall be applied for enforcement in a different state.

Question 20

 FCA 580-605
Of the following choices which is/are correct regarding the notice of registration of an order?
(1)     when a support order issued in another state or foreign country is registered (filed) the registering tribunal may notify the nonregistering party
(2)     when a support order issued in another state or foreign country is registered (filed) the registering tribunal shall notify the nonregistering party
(3)     the notice must inform the nonregistering party that a hearing to contest the validity of the registered order must be requested within 30 days after the notice
(4)     failure to timely contest the validity of the registered order will result in confirmation and enforcement of the order
(a)     1 & 2 only
(b)     2 & 3 only
(c)     2 & 4 only
(d)     1, 3 & 4 only

Answer 20

(c) 580-605 FCA
When a support order or income withholding order is issued in another state choices 2 & 4 apply. When the order is issued in another state or foreign country, the nonregistering party must be notified. This notice to the nonregistering party that it may contest the validity of the registered order must be requested within 20 days after the notice.

Question 21

  FCA 580-607
Which of the following defenses are available to a party contesting the validity of a registered order or seeking to vacate the registration?
(1)     issuing tribunal lacked jurisdiction over contesting party
(2)     order was obtained by fraud
(3)     the order has been vacated, suspended or modified by a subsequent order
(4)     full or partial payment has been committed by the contesting party
(a)     1 & 3 only
(b)     2 only
(c)     1, 2 & 3 only
(d)     1, 2, 3 & 4

Answer 21

(c) 580-607 FCA
Full or partial payment must have been made not just a commitment to a recognized obligation.

Question 22

 FCA 580-101 (11) TRUE OR FALSE
Under article 5-B, the “initiating tribunal” is a tribunal of a state or foreign country from which a petition or comparable pleading is forwarded.

Answer 22

(T) 580-101 (11) FCA
The term also means a tribunal in which a petition or comparable pleading is filed for forwarding to another state or foreign country.

Question 23

    FCA 580-101 (13)
The term “issuing state” under this article means the state in which a tribunal issues a support order or judgment determining parentage of a child.

Answer 23

(T) 580-101 (13) FCA
“Issuing state” (subdivision 13) and “initiating tribunal” (subdivision 14) are linked in that both refer to issuance of a support order or judgment determining parentage.

Question 24

  FCA 580-101 (28)
“Support order” means a final judgment, decree, order, decision or directive for the benefit of a child, spouse or former spouse which provides monetary support, health care, arrearages, retroactive support or reimbursement for financial assistance provided to an individual obligee in place of child support.

Answer 24

(F) 580-101 (28) FCA
The order can be final but also temporary or subject to modification and can include related costs and fees, interest, income withholding, automatic adjustment, reasonable attorney’s fees and other relief.

Question 25

 FCA 580-104
Remedies provided under 5-B FCA affect the availability of remedies under other law.

Answer 25

(F) 580-104 FCA
Remedies provided under 5-B FCA are cumulative and not considered an election of remedies or a waiver of other available relief.

Question 26

 FCA 580-201
If jurisdiction over a non-resident can be obtained under 508-201, the family court possesses the authority to entertain the proceedings, determine liability and enter a support decree which shall be enforceable in any state.

Answer 26

(T) 580-201 FCA
580-201 establishes long arm jurisdiction over a non-resident respondent (similar to §302 CPLR) who may be responsible for support. This section applies equally to child support, spousal support and maintenance.

Question 27

 FCA 580-202
Personal jurisdiction acquired by a tribunal in this state relating to a support order discontinues unless the tribunal has continuing, exclusive jurisdiction to modify its order.

Answer 27

(T) 580-202 FCA
Also, add to sentence: “or to enforce its order as provided by sections 580-205, 206 and 211.”

Question 28

 FCA 580-203
A tribunal of this state may serve as an initiating tribunal to forward proceedings to another state.

Answer 28

(T) 580-203 FCA
Also, the section tells us that the reverse is true. New York may be a responding tribunal for a proceeding initiated in another state.

Question 29

   FCA 580-302
A minor parent may not maintain a proceeding on behalf of the minor child.

Answer 29

(F) 580-302 FCA
A minor parent or a guardian or other legal representative of a minor may maintain a proceeding on behalf of or for the benefit of the minor child.

Question 30

 FCA 580-306
Should a petition or comparable pleading be received by the wrong tribunal of this state, it shall forward the pleading and accompanying documents to an appropriate tribunal of this state or another state with notice to the petitioner as to where and when the pleading was sent.

Answer 30

(T) 580-306 FCA
As stated in the section.

Question 31

 FCA 580-309
An individual may employ private counsel to represent the individual under 5-B FCA.

Answer 31

(T) 580-309 FCA
The petitioner or respondent has a right to proceed with private counsel. Generally, the petitioner is represented by a public officer such as corporation counsel, county attorney or district attorney. However, petitioner may also engage private counsel. Respondents are generally represented by private counsel and if found to be indigent may be represented by an attorney under section 18-B of the county law.

Question 32

  FCA 580-312
If the health, safety or liberty of a party or child would be jeopardized by disclosure of specific identifying information, the tribunal may nevertheless order disclosure of such information.

Answer 32

(T) 580-312 FCA
Ordinarily such information would be sealed, but the tribunal may, after conducting a hearing to take matters into consideration, disclose such information “in the interest of justice.”

Question 33

 FCA 580-313
A petitioner may be required to pay a filing fee and other costs.

Answer 33

(F) 580-313 FCA
If the petitioner obligee prevails, a responding tribunal may assess against an obligor respondent filing fees, attorney’s fees and other costs incurred by the petitioner obligee and obligee’s witnesses. Payment for support owed to the obligee has priority over fees, costs and expenses.

Question 34

  FCA 580-315
A party whose parentage of a child has been determined by law may not plead nonparentage as a defense to a 5-B FCA proceeding.

Answer 34

(T) 580-315 FCA
The doctrine of res judicata applies here. A judgment of a court of competent jurisdiction is conclusive therefore negating a defense under 5-B FCA.

Question 35

 FCA 580-316 (g)
If a party called to testify at a civil hearing refuses to answer on the ground of self-incrimination, an adverse inference may not be drawn from the refusal.

Answer 35

(F) 580-316 (g)
In this situation the trier of the fact may draw an adverse inference from the refusal.

Question 36

 FCA 580-316 (h)
A privilege against disclosure of communications between spouses does not apply in a proceeding under 5-B FCA.

Answer 36

(T) 580-316 (h) FCA
As stated in this section.

Question 37

 FCA 580-318 (2)
A tribunal of this state may upon request, compel a person over whom it has jurisdiction to respond to a discovery order issued by another state.

Answer 37

(T) 580-318 (2) FCA
The object here is cooperation and assistance between state tribunals, which is at the heart of 5-B FCA (UIFSC).

Question 38

FCA 580-401 (a)
If a support order entitled to recognition under 5-B FCA has not been issued, a responding tribunal of this state, with personal jurisdiction over the parties, may issue a support order if the individual seeking the order resides in another state.

Answer 38

(T) 580-401 FCA
This statement is true and the same would apply if the support agency seeking the order is located in another state.

Question 39

  FCA 580-603 (c)
A tribunal of this state shall recognize, enforce and modify a registered order if the issuing state has had jurisdiction.

Answer 39

(F) 580-603 (c) FCA
A tribunal of this state shall recognize and enforce but may not modify a registered order if the issuing tribunal had jurisdiction.

Question 40

  FCA 580-604
In a proceeding for arrearage the statute of limitations of New York state applies.

Answer 40

(F) 580-604 FCA
The statute of limitations of this state or the issuing state or foreign country, whichever is longer, shall apply in a proceeding for arrearage.