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Family Court Act > Article 5B > Flashcards

Article 5B Flashcards

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1
Q

The party obtaining the order determining recognition of s specific support order (FCA 5B) shall file within __ days of issuance of the order a certified copy of the order with each tribunal which has issued an earlier order of child support.

A

30 days

FCA 580-207

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2
Q

T/F Minor parent may maintain a proceeding on behalf of or benefit of a minor child.

A

True

FCA 580-302

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3
Q

An initiating tribunal if NYS shall forward ___ copies of the petition to the responding tribunal or appropriate support enforcement agency.

A

3 copies

FCA 580-304

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4
Q

Among the duties which a support enforcement agency has is to send a copy of any written communication from a respondent or petitioner to the other side within ____ days of receipt (exclusive of Saturdays, Sunday’s, and legal holidays)

A

10 days

FCA 580-307

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5
Q

T/F Generally, a petitioner present in NYS to participate in a proceeding under article 5B cannot be served by civil process in another proceeding.

A

True

FCA 580-314

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6
Q

T/F A support or paternity petition under article 5B must be verified.

A

True

FCA 580-311

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7
Q

T/F An income-withholding order of another state may not be sent to the employer in NYS without first registering the order with the FC or filing s petition.

A

False

FCA 580-501 (MAY)

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8
Q

T/F? In a proceeding for arrears, the statute of limitations under the laws of NYS or the issuing state,whichever is longer, applies.

A

True

FCA 580-604

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9
Q

A hearing to contest the validity or enforcement of s registered order must be requested in writing within __ days after service of notice of registration of order

A

20 days

FCA 580-606

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10
Q 
Child means an individual over or under the age of \_\_ who is alleged to be owed support or who is the beneficiary of a support order directed to the parent 
A. Majority 
B. 18
C. 21
D. 14
A

A. Majority

FCA 580-101

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11
Q

Which of the following four choices is false? The FC of NYS may exercise jurisdiction to establish a support order even if such a petition has been filed in another state only if:
A. The petition in NYS is filed before expiration of time for filing a responsive pleading in the other state challenging the exercise of jurisdiction by the other state
B. The contesting party timely challenges the jurisdiction of the other state
C. If relevant, this state is the home state of the child
D. The petition or comparable pleading in the other state is filed before expiration of time allowed in NYS for filing a responsive pleading challenging the exercise of jurisdiction by NYS

A

D. The petition or comparable pleading in the other state is filed before expiration of time allowed in NYS for filing a responsive pleading challenging the exercise of jurisdiction

FCA 580-204

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12
Q

T/F Child means individual over the age of majority alleged to be owed support

A

False

FCA 580-101 (Under)

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13
Q

Which one of the four choices is not correct?
A. 580-317 Tribunals in different states may exchange information regarding laws and other information regarding proceedings
B. 580-318 A NYS tribunal may not request foreign tribunals to assist in obtaining discovery and may not compel a person under its jurisdiction to respond to discovery orders of foreign tribunals.
C. 580-319 A NYS tribunal or support enforcement agency shall disburse monies collected and shall furnish upon request is certified statement of amounts and dates of payments received to a party or tribunal of another state.
D. 580-501 An income-withholding order of another state may be sent to the employer in NYS without first registering the order with the FC or filing a petition

A

B. 580-318 A NYS tribunal may not request foreign tribunals to assist in obtaining discovery and may not compel a person under its jurisdiction to respond to discovery orders of foreign tribunals

FCA 580-318

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14
Q

Which of the following four statements is not correct?
A. On receipt of a request for registration, the registering tribunal shall cause the order to be filed as a foreign judgment, together with one copy of the documents and information.
B. A petition seeking other remedies may be filed at same time as request for registration or at a later time
C. A registered order issued in another state is not enforceable in the same manner and is not subject to the same procedures as an order issued by s tribunal of NYS
D. Law of issuing state governs nature, extent, amount, payments, duration and other obligations of support. In a proceeding for arrearages, the S/L under NYS or the issuing state, whichever is longer, applies.

A

C. A registered order issued in another state is not enforceable in the same manner and is not subject to the same procedures as an order issued by s tribunal of NYS

FCA 580-603

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15
Q 
An initiating tribunal of NYS shall forward \_\_\_ copies of the petition to the responding tribunal or appropriate support enforcement agency.
A. 2
B. 3
C. 4
D. 6
A

B. 3

FCA 580-304

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16
Q

Among duties which a support enforcement agency has is to send a copy of any written communication from a respondent or respondent’s attorney to the other side within ______.
A. 5 days of receipt (except weekends and legal holidays)
B. 10 days of receipt (except weekends and legal holidays)
C. 8 business days of receipt
D. 20 days

A

B. 10 days of receipt (except weekends and legal holidays)

FCA 580-307

17
Q

A support order or income-withholding order of another state may be registered in NYS by sending the following to the appropriate tribunal in NYS
A. 2 copies, including 1 certified, of all orders to be registered
B. 3 copies, including 1 certified, of all orders to be registered
C. 2 copies of all orders to be registered
D. 3 copies of all orders to be registered

A

A. 2 copies, including 1 certified, of all orders to be registered

FCA 580-602

18
Q

A hearing to contest the validity or enforcement of s registered order must be requested in writing within __ days after service of _________.
A. 20…..notice of registration of the order
B. 30…..copy of order
C. 10…..certified copy of order
D. 60…..exemplified copy of order

A

A. 20…..notice of registration of the order

FCA 580-606

19
Q

In support and paternity proceedings, the FC in NYS may exercise personal jurisdiction over s non-resident if
1. The individual is personally served with a summons and petition in NYS
2. The individual consents (either by personal appearance or by filing s petition)
3. The individual resided in NYS with the child
4. The individual asserted parentage in the putative father registry of NYS
A. 1, 2 and 4
B. 1, 2 and 3
C. 2, 3 and 4
D. 1, 2, 3 and 4

A

D. 1, 2, 3 and 4

FCA 580-201

20
Q

Generally, FC of NYS has continuing exclusive jurisdiction over child support order it has issued:
1. As long as it remains the residence of obligor, or the individual obligee,more the child
2. Until all individual parties file with court consents for s tribunal of another state to modify the order and assume continuing exclusive jurisdiction
A. 1 is correct
B. 2 is correct
C. both are correct
D. Neither are correct

A

C. Both are correct

FCA 580-205

21
Q

Support enforcement agency means public official or agency authorized to seek:
1. Enforcement of orders of support or laws relating to the duty of support
2. Establishment or modification of child support
3. Determination of parentage or to locate obligors or their assets
A. 1 and 2
B. 1 and 3
C. 2 and 3
D. 1, 2 and 3

A

D. 1, 2, and 3

FCA 580-101

22
Q 
The party obtaining the order determine recognition of a specific support shall file within 30 days of issuance of the order a \_\_\_\_\_\_\_\_\_ with each tribunal which issued an earlier order of child support.
A. Copy of the order
B. Verified copy of the order
C. Certified copy of the order
D. Transcript of judgment
A

C. Certified copy of the order

FCA 580-207

Family Court Act (21 decks)

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