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FCA > FCA Article 4 > Flashcards

FCA Article 4 Flashcards

1
Q

FCA 411 Family Court has exclusive original jurisdiction over a support or maintenance proceedings under Article 4 of the FCA, and Article ____ of the FCA

A

Article 4 of the FCA, and: Article 5B of the FCA

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2
Q

FCA 413 Child support percentage of combined parental income for 1 child is _____ %

A

…combined parental income for 1 child is: 17%

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3
Q

FCA 413 Child support percentage of combined parental income for 2 children is ____%

A

…combined parental income for 2 children is: 25%

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4
Q

FCA 413 Child support percentage of combined parental income for 4 children is _____%

A

…combined parental income for 4 children is: 31%

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5
Q

FCA 413 Child support percentage of combined parental income for 3 children is _____%

A

…combined parental income for 3 children is: 29%

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6
Q

FCA 413 Child support percentage of combined parental income for 5 or more children is _____%

A

…combined parental income for 5 or more children is: NO LESS THAN 35%

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7
Q

FCA 413 “self-support reserve” shall mean _____% of the poverty income guidelines amount for a single person as reported by the federal department of health and human services

A

“self-support reserve” shall mean: 135% of the poverty income…….

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8
Q

FCA 413 T/F?
On March 1 of each year, self-support reserve shall be revised to reflect annual updating of the poverty income guidelines as reported by federal department of health and human services for a single person household. Generally, FC court may not make an order of support that causes income to fall below self-support reserve.

A

True

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9
Q

FCA 413-A Parties eligible for adjustment of child support orders shall receive notice in writing (as specified in this section), including that an adjustment of child support order (cost of living adjustment) at the direction of the support collection unit shall not be made earlier than ___ months after issuance, last modification or adjustment of support order.

A

…..support collection unit shall not be made earlier than: 24 MONTHS after issuance…..

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10
Q

FCA 415 T/T?
Parents and stepparents of children under 21 who are recipients of public welfare and patients in a mental institution are not responsible or the support of such children

A

FALSE
…patients in a mental institution ARE RESPONSIBLE for the suppport ….

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11
Q

FCA 439 Support magistrates have the power to:
(4)

A

Support magistrates have the power to:
1. Make a violation or order determination
2. Administer oaths
3. Issue subpoenas
4. Direct parties to engage in and permit disclosure
(MAID)

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12
Q

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

A

A child support order is effective from the date of tiling petition or, if child is in receipt of public assistance, date child became eligible for assistance, whichever is sooner

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13
Q

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

A

maximum jail term is: 6 MONTHS

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14
Q

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

A

FALSE
….the court MUST enter a money judgement

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15
Q

FCA 454 Where there is a failure to comply with a court order, court: (MUST OR MAY)

  1. SHALL/MAY enter a money judgment
  2. MUST/MAY make an income deduction
    order
  3. MUST/MAY require the respondent to
    post an undertaking
  4. MUST/MAY make an order of
    sequestration
  5. MUST/MAY suspend driving privileges
  6. MUST/MAY suspend professional or
    business licenses
  7. MUST/MAY suspend recreational licenses
A

1.SHALL enter a money judgment
2. MAY make an income deduction order
3. MAY require the respondent to post an
undertaking
4. MAY make an order of sequestration
5. MAY suspend driving privileges
6. MAY suspend professional or business
licenses
7. MAY suspend recreational licenses

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16
Q

FCA 456 Probation in a support proceeding is how long?

A

Probation in a support proceeding is as long as the order of support, order of protection, or order of visitation applies to the person

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17
Q

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 failure to comply with a summons, subpoena, or warrant relating to paternity or child support

A

…. suspended if support arrears are equivalent to: 4 MONTHS, or for failure….

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18
Q

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

A

….maximum period of: 3 YEARS.

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19
Q

FCA 413 “Self-support reserve” shall mean ___% of the poverty income guidelines amount for a single person as reported by the federal department of health and human services.

A

” Self-support reserve” shall mean 135% of the poverty income guidelines….

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20
Q

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

A

A: 95% or greater possibility…..

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21
Q

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

A

….no later than: 10 DAYS after the return date of the petition

22
Q

FCA 429 When respondent is not in 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

A

…court may order: SEQUESTRATION of respondent’s property…..

23
Q

FCA 439 T/F?
Support magistrates are empowered to hear, determine and grant any relief within powers of court in a proceeding under Article 4 (support), Articles 5 (Paternity), 5A (Special provisions relating to enforcement of support and establishment of paternity) and 5B (Uniform Interstate Family Support Act), among other sections

A

TRUE

24
Q

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

A

…support their children up to the age of: 21.

25
Q

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

A

…proposed support order within: 35 DAYS of mailing, the proposed adjusted support order becomes final

26
Q

FCA 421 Venue in a support proceeding is county where ____.

A

Venue in a support proceeding is county where: ONE OF THE PARTIES RESIDES OR IS DOMICILED AT TIME OF THE FILING OF PETITION

27
Q

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

A

Support summons and petition must be served at least: 8 DAYS before the hearing

28
Q

FCA 427 If a default support order is entered. Respondent has ___ from date of entry to make motion for relief

A

…respondent has: 1 YEAR from date of entry

29
Q

FCA 428 A certificate of warrant expires ___ days from date of issue

A

A certificate of warrant expires: 90 DAYS from date of issue

30
Q

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

A

Respondent is taken to: FC judge in county of arrest (Albany)

31
Q

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

A

FALSE
NO JURY

32
Q

FCA 439 Support magistrates cannot hear issues relating to: ______

A

Support magistrates cannot hear issues relating to commitment, contested paternity, custody, visitation, orders of protection, exclusive possession of home, and review of support collection unit’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)

33
Q

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

A

…powers of the court in any proceeding under:
1. Article 4 (Support)
2. Articles 5 (Paternity, 5A (special provisions
relating to enforcement of support and
establishment of paternity), and 5B
(UIFSA)
3. Section 234 AND 235 of FCA
(Compensation and liability for support
& care in counties within and outside NYC)
4. Objections raised pursuant to CPLR 5241
(income execution and support
enforcement)

34
Q

FCA 411 Family Court has exclusive original jurisdiction over support or maintenance proceedings under
a. FCA 4, & FCA 5B
b. FCA 6, & FCA 11
c. FCA 1, & FCA 4
d. FCA 15B

A

A. FCA 4 & FCA 5B

35
Q

FCA 415 Parents and stepparents of children under ___ who are recipients of public welfare and patients in a mental institution are responsible for the support of such children.
a. 13
b. 18
c. 16
d. 21

A

D.
..children under: 21 who are recipients….

36
Q

FCA 418 Which of following statements relating to blood tests of DNA tests ordered under FCA 4 is false?
a. Blood genetic marker of DNA tests may
be ordered on court’s own motion.
b. Blood genetic markers tests 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 proceeding.

A

D.
Blood genetic marker tests shall be ordered upon motion WHEN PATERNITY IS CONTESTED

37
Q

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

A

A. COUNTY WHERE ONE OF THE PARTIES RESIDES OR IS DOMICILED

38
Q

FCA 422 Which of the following may start a support proceeding?
1. social services official and commissioner
of health
2. parent, guardian of child, next friend
3. person appointed by the court
a. 1 & 3 only
b. 1 & 2 & 3
c. 2 & 3 only
d. none of the above

A

B. ALL

39
Q

FCA 426 A summons issued under article four of the FCA must state that a 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 only
b. 2 only
c. both 1 & 2
d. neither 1 nor 2

A

C. BOTH 1 & 2

40
Q

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. 14 hours, if there is Sat & Sun
d. 3 days between the days of service

A

A.
…AT LEAST: 8 DAYS BEFORE THE TIME….

41
Q

FCA 428 Which of the following statements is false?
a. Certificate of warrant expires 90 days
from issuance date
b. Court may issue a warrant when the
summons can be served
c. Court may issue a warrant when the
safety of the petitioner is endangered
d. Certificate of warrant may be renewed by
clerk of the court

A

B. COURT MAY ISSUE A WARRANT WHEN THE SUMMONS CANNOT BE SERVED

42
Q

FCA 431 (Outside NYC) 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 county where he
was taken into custody
c. either A or B
d. neither A nor B

A

B.
must be taken: BEFORE A FC JUDGE IN COUNTY WHERE HE WAS TAKEN INTO CUSTODY

43
Q

FCA 449 An order of child support under article four of the FCA is effective from which date?
a. date of support petition filing, or children
were eligible for public assistance, if
earlier
b. date of service of petition
c. date order was signed by judge
d. date of entry of order

A

A.
effective from DATE OF SUPPORT PETITION FILING, OR CHILDREN WERE ELIGIBLE

44
Q

FCA 428 In an article 4 proceeding the court may issue a warrant:
1. if the summons cannot be served
2. if respondent has failed to obey the
summons
3. if the respondent is not likely to leave the
jurisdiction
a. 1 only
b. 1 & 3 only
c. 1 & 2 only
d. 1,2 & 3

A

C.
3 should read, “IF THE RESPONDENT IS LIKELY TO LEAVE THE JURISDICTION”.

45
Q

FCA 413 The following types of income shall be included in determining the child support percentage:
1. workers’ compensation and disability
benefits
2. unemployment insurance benefits
3. social security benefits, veterans benefits
and pension and retirement benefits
4. fellowships, stipends and annuity
payments
a. 1, 3 & 4 only
b. 2, 3 & 4 only
c. 4 only
d. 1,2,3 & 4

A

D. ALL

46
Q

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 and 4 only
b. 2, 3 & 4 only
c. 4 only
d. 1, 2, & 3 only

A

A.
MOST RECENTLY FILED STATE AND FEDERAL INCOME TAX RETURN (NOT PAST 3 YEARS)

47
Q

FCA 439 Support magistrates are empowered to hear, determine and grant any relief within powers of the court under:
1. Article 4 (support)
2. Article 5 (paternity)
3 commitment (FCA 455)
a. 1, 2 & 3
b. 1 & 2
c. 1 & 3 only
d. 2 & 3

A

B. Article 4 & 5 only

48
Q

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 judgment
2. may make an income deduction order
3. may enter a money judgment
4. must make an income deduction order
a. 3 & 4
b. 1 & 2 only
c. 1 & 4 only
d. 2 & 3 only

A

B. 1 & 2 ONLY
1. SHALL ENTER A MONEY JUDGMENT
2. MAY MAKE AN INCOME DEDUCTION
ORDER

49
Q

FCA 413 Parents of a child are responsible for supporting the child until the child reaches the age of ___.
a. 14, & is not on welfare
b. 18 for both males & females
c. 21, only if still attending school
d. none of the above

A

D.
…UNTIL THE CHILD REACHES THE AGE OF 21.

50
Q

FCA 413 Which of the following child support percentages is not correct?
a. 17% of combined parental income for
one child
b. 25% of combined parental income for
two children
c. 27% of combined parental income for
three children
d. 31% of combined parental income for
four children
e. no less than 35% of combined parental
income for 5 or more children

A

C.
FOR 3 CHILDREN THE CORRECT PERCENTAGE IS 29%

FCA (11 decks)

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