FCA Flashcards by Antoinette Moore

Which of the following statements relating to FC orders is false?
A. To be effective, an order must be signed with the judges’s signature or initials. FCA 217
B. The original of a FC order is filed with the county court.
C. A FC order shall be in writing.
D. The court shall file or direct the filing of such order.

B (FCA 217)

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Which of the following persons does NOT have the right to free counsel if unable to afford counsel? FCA 262
A. Respondent in an article 10 proceedings.
B. Petitioner or respondent (art 8 proceedings).
C. Parent of child seeking custody.
D. Petitioner in an article 5 proceedings.

D. FCA 262

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The court must file or direct the filing of a FC order within ______ days of the court’s decision or ____ days of settlement of the order on notice. FCA 217
A. 20, 20 B. 30, 30 C. 45, 45 D. 60, 60

A FCA 217

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FCA 413 Parents are responsible for the support of their children up to the age of ___.

21 FCA 413

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FCA 413-a Unless court receives written objections to proposed support order within ___ days of mailing, the proposed adjusted support order becomes final.

35 FCA 413-a

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FCA 421. Venue in a support proceedings is county where_______.

One of the parties resides or domiciled at the time of petition.

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FCA 427 Support summons and petition must be served at least ____ days before the hearing.

FCA 427

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If support order is entered on default, respondent has ____ from date of entry to make motion for relief. FCA 427

1 year. FCA 427

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A certificate of warrant expires ____ days from date of issue. FCA 428

90 FCA 428

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Warrant issued in Westchester, Respondent arrested in Albany.
Respondent is taken to _________. FCA 431

FC judge in county of arrest.

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Support hearings are conducted with a jury. T/F? FCA 435

False- there are no juries in FC

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Support Magistrates cannot hear issues relating to:(7) CCCOVER. FCA 439

C - commitment
C - custody
O - Orders of protection
V - visitation
E - exclusive possession of home,
R - review of SCU’s denial of challenge by support obligor to notification that social services intends to notify department of motor vehicles that driving privileges are to be suspended (FCA 454; sub 5)

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FCA 439 Support magistrates shall be empowered to hear, determine and grant any relief within the powers of the court in any proceeding under:

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

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FCA 449 Support magistrates have the powers to:(4)

MAID
M - make a violation of order determination
A - administer oaths
I - Issue subpoenas
D - direct parties to engage in and permit disclosure

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FCA 449 A child support order is effective from what date?

Date of filing petition or, if child is receipts of public assistance, date child became eligible foe assistance, whichever is sooner.

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FCA 454 Willful failure to obey support order, maximum jail.

6 months

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FCA 454 T/F? When there is a failure to obey a support court order, the court may enter money judgement

False - MUST enter money judgment

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FCA 454 Where there is failure to comply with a court order, court: (Must or May)
Must/May enter money judgement
Must/May make an IDO (income deduction order)
Must/May require the respondent to post an undertaking
Must/May made order of sequestration
Must/May suspend driving privileges
Must/May suspend professional or business licenses
Must/May suspend recreational licenses

SHALL. Enter a money judgement
MAY. Make an income deduction order
MAY Require the respondent to port an undertaking
MAY. Make an order of sequestration
MAY. Suspend driving privileges
MAY. Suspend professional or business licenses
MAY suspend recreational licenses

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FCA 456 Probation in a support proceedings is how long.

As long as order of support, order of protection,or order of visitation applies to the pers

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FCA 458 Generally, driving privileges and state professional,occupational and business and recreational licenses may be suspended if support arrears are equivalent to ____ months or for to comply with a summons subpoena,or warrant related to paternity or child support

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FCA 471 An undertaking in a support proceeding is for a maximum period of __________

3 years

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FCA 418 A _____% or greater possibility of paternity creates rebuttable presumption of paternity.

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FCA 424-a. 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.

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FCA 429 When respondent is not 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.

Sequestration

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FCA 413 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 male and female C. 21, only if still attending school D.bonnet of the above

FCA 413 Which of the following child support percentages is not correct? A. 17% of combined parental income for one child B. 25% for two children C. 29% for three D. 31% for four E. 35% for five or more

29%

FCA 418 which of the following statements relating to blood test or DNA tests ordered under FCA4 is false? A. Blood genetic marker or DNA tests may be ordered on courts own motion. B. Blood genetic marker test 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 proceedings

FCA 421 Choose the best answer. Generally, venue in a support proceedings 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

FCA 422 Which of the following May start a support proceedings? 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 only B. 1, 2, and 3 C. 2 and 3 D. None of the above

FCA 426 A summons issued under article four of the FCA must state that an 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 B. 2 C. Both 1 & 2 D. None

FCA 427. 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 Sat & Sun between the days of service D. 3 days

FCA 428 which of the following statements is false. A. Certificate of warrant expires 90 days from issuance date. B. Court May issue warrant when summons can be served. C. Court May issue warrant when the safety of the petitioner is endangered. D. Certificate of warrant may be renewed but clerk of court.

FCA 431. (Outside NY) 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 into custody B. Before a FC judge in city where he was taken into custody C. Either A or B D. Neither A or B

FCA 428 In an article 4 proceedings the court May issue a warrant: 1. If the Summons cannot be served. 2. If respondent has failed to obey the summons. 3. Of the respondent is not likely to leave the jurisdictions A. 1 B. 1&3 C. 1 & 2 D. 1; 2; and 3

FCA 413 The following types of income shall be included in determining the child support percentages: 1. Workers compensation and disability benefits. 2. Unemployment insurance benefits 3. Social Security benefits, veterans benefits and pension and retirement 4. Fellowships, stipends and annuity payments A. 1, 3 & 4 B. 2, 3 & 4 C. 4. D. 1, 2, 3 & 4

FCA 424-a 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 & 4 only B. 2, 3 & 4 only C. 4 only D. 1, 2, 3 & 4

FCA 454 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 judgement 3. May make an income deduction order 3. May enter a money judgement 4. Must make an income deduction order. A. 3 & 4 B. 1 & 2 C. 1 & 4 D. 2 & 3

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

D (FCA 5B, 580-101)

The party obtaining order detaining recognition of a specific support order 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

C (FCA 5B, 580-207)

Among the 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 (exclusive of Sat, Sun & legal Holidays) B. 10 days of receipt (exclusive of Sat, Sun & legal Holidays) C. 8 business days of receipt D. 20 days

B (FCA5B, 580-307)

A support rider 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 one 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 (FCA 5B, 580-602)

A hearing to contest the validity or enforcement of a registered order use be requested in writing within ____ days after service of ______- A. 20….notice of registration of order B. 3…. Copy of order C. 10 …certified copy of order D. 60… exemplified copy of order.

A (FCA 5B, 580-606)

In support and paternity proceedings, the FC in NYS May exercise personal jurisdiction over a non resident individual (or the individual’s guardian or conservator)if 1. The individual is personally served with a summons and petition in NYS @. The individual consents (either by personal appearance or by filing a 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 & 4 B. 1, 2 &3 C. 2, 3 & 4 D. All 4

D (FCA 580-201)

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

C (FCA 5B, 580-205)

FCA 511 The FC and _______court have concurrent jurisdiction to establish paternity.

Surrogates

FCA 516 Acknowledgment of paternity may be rescinded by either party within ______ days of signing by filing a petition.

FCA 517 T/F? Paternity proceedings may only be instituted up to child’s 21st birthday.

False- Maybe instituted after child reaches 21 if paternity has been acknowledged in writing or by support.

FCA 521 Venue of a paternity proceeding is _________

County where child or mother or putative father resides or is found

FCA 525 A paternity summons and petition must be served _____ days before the time stated for appearance

FCA 527 A respondent taken into custody in Albany county on a warrant issued in Westchester county must be taken to

FC judge in Albany county

FCA 531 T/F? Some paternity trials are by jury

False. There are no juries in family court.

FCA 531 T/F? Mother and putative father are competent witnesses against each other in a paternity proceeding and both mother and husband, if married, may testify as to non-access

True

FCA 532 T/F? Blood genetic marker tests and DNA tests can only be ordered on motion of one of the parties.

False Must be ordered on motion of any party or on the court’s own motion.

FCA 541 T/F? If a paternity petition and neglect petition are filed and court dismisses the paternity petition , the court retains jurisdiction over the neglect petition.

True

FCA 542 The order of dilation must contain the _________number of the declared father.

Social security

FCA 548-a Failure to respond to a summons, warrant, or subpoena in a paternity proceeding can result in the suspension of what types of licenses and permits (5 types):

1. Driving license 2. State professional licenses 3. State occupational licenses 4. State business licenses 5. State recreational licenses

FCA 516 T/F? A spousal support agreement or child support agreement or compromise is binding upon the mother and child only when the court approves such agreement.

True

Two NYS Courts that have concurrent original jurisdiction relating to establishment of paternity are FC and : A. Civil Court B. Surrogates court C. Criminal Court D. The District Courts.

B. Surrogates court (FCA 511)

Which of the following is not correct? A paternity proceeding may be instituted: A. During the pregnancy of the m other. B. During pregnancy of mother or at any time after the birth of the child. C. Any time if paternity has been acknowledged in writing. D. Any time if paternity has been acknowledged by furnishing support.

B. (FCA 517)

Which of the following is not correct? Paternity proceeding may be originated in county where: A. Child resides. b. Mother is found C. Putative father is domiciled D. Putative father, or child or mother resides or is found.

C (FCA 521)

Service of a paternity proceeding summons and petition must be made at least _____ days prior to time_____ A. 3 … to answer. B. 8 … to interpose a counterclaim. C. 20 …. SCU serves a demand for support D. 8 … stated for appearance.

D (FCA 525)

Which of the following statements relating to paternity proceedings is false? A. Hearing is by the court without a jury. B. Mother or alleged father shall be competent to testify. C. Respondent shall be compelled to testify. D. If mother is married both she & her husband may testify to non access.

C, (FCA 531)

Which of the following is correct? If a neglect petition was filed in the paternity proceeding: A. Neglect petition must be dismissed B. Neglect petition must be dismissed if paternity petition is dismissed. C. Paternity petition must be dismissed if neglect petition is dismissed. D. Court retains jurisdiction over neglect petition whether or not it dismisses paternity petition.

D. Court retains jurisdiction over neglect petition whether or not it dismisses paternity petition

Which of following statements is not correct? In a paternity proceeding the court may issue a warrant if: A. The summons cannot be served. B. Respondent failed to obey summons. C. Safety of petitioner is endangered. D. A respondent on bail or parole has appeared.

D. a respondent on bail or parole has appeared

Which of the following is false? A. Paternity proceedings are originated by a verified petition B. paternity proceedings may only be originated by the father C. Paternity proceeding may be originated by mother, whether a minor or not D. Paternity proceeding may be originated by the child’s guardian

B (FCA 522)

FCA 580-101 T/F? Child means individual under the age of majority alleged to be owed support.

False (over or under age of majority)

FCA 580-207 The party obtaining the order determining recognition of a 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.

FCA 580-302 T/F? Minor parent may maintain a proceeding on behalf of or benefit of a minor child.

True

FCA 580-307 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 Saturday’s, Sunday’s, and legal holidays)>

FCA 580-314 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.

True

FCA 590-311 T/F? A support or paternity petition under article 5B must be verified.

True

FCA 580-501 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 a petition.

False/ It does not first have to be registered

FCA 580-604 T/F? In a proceeding for arrears, the statute of limitation under the laws of NYS or the issuing state, whichever is longer applies.

True

FCA 580-606 A hearing to contest the validity or enforcement of a registered order must be requested in writing within ____ days after service of notice of registration of order.

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

D (FCA. 580-101)

The party obtaining order detemining recognition of a specific support order 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 copppy of the order D. Transcript of judgment

C (FCA 5B 580-207)

Among the 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 (exclusive of Sat, Sun & legal holidays) B.10 days of receipt (exclusive of Sat, Sun & legal holidays) C. 8 business days of receipt D. 20 days

B (FCA 5B 580-307)

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. (FCA 5B 580-602)

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

A (FCA 5B 580-606)

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

D (FCA 5B 580-201)