FCA 5 and 5-B Flashcards

1
Q

FCA 516-A Acknowledgment of paternity may be rescinded by either
partywithin _____ days of signing by filing a petition.
a. 60 b. 90 c. 30 d. 45

A

A

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2
Q

511 The FC and _______ court have concurrent jurisdiction to determine
the issues relating to the establishment of paternity.
a. Criminal Court b. Surrogates Court c. Civil Court d. Drug Court

A

B

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3
Q

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

A

False. may be instituted after child reaches 21 if paternity has
beenacknowledged in writing or by support.

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4
Q

FCA 521 Venue of a paternity proceeding is______

A

in the county where the mother or child resides or is found or in the
county where the putative father resides or is found

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5
Q

FCA 525 A paternity summons and petition must be served _______
days before the time stated for appearance.
a. 5 b. 7 c. 10 d. 8

A

D

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6
Q

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

A

True

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7
Q

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

A

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

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8
Q

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.

A

true

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9
Q

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

A

Social Security

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10
Q

FCA 548-a, b, c Failure to respond to a summons, warrant, or subpoena
in apaternity proceeding can result in the suspension of what types of
licenses andpermits (5 types):

A
  1. driving license
  2. state professional licenses
  3. state occupational licenses
  4. state business licenses
  5. state recreational licenses
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11
Q

FCA 5-B, 580-102 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

A

D

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12
Q

FCA 5-B, 580-207 The party obtaining order determining 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

A

C

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13
Q

FCA 5-B, 580-307 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 theother side within____a. 5 days
of receipt (exclusive of Saturday, Sunday, & legal holidays)
b. 10 days of receipt (exclusive of Saturday, Sunday, & legal holidays)
c. 8 business days of receiptd. 20 days

A

B

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14
Q

FCA 5-B, 580-602 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

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15
Q

FCA 5-B, 580-605 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

A

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16
Q

FCA 5-B, 580-201 In support and paternity proceedings, the FC in NYS may exercise personal jurisdiction over a nonresident individual (or the individual’s guardian orconservator) 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
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

A

D

17
Q

FCA 5-B, 280-205 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
obligee, 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 correct

A

C

18
Q

FCA 5-B, 580-501 T/F? An income-withholding order of another state
may not besent to the employer in NYS without first registering the order
with the FC or filinga petition.

A

False, it does not need to be registered

19
Q

FCA 5-B, 580-604 T/F? In a proceeding for arrears, the statute of
limitation underthe laws of NYS or the issuing state, whichever is longer,
applies.

A

True