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Family Court (Senior Court Clerk) > FCA Article 4 > Flashcards

FCA Article 4 Flashcards

1
Q

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

A

Article 5B

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2
Q

FCA 413 Child support percentage of combined parental income for 1 child is ____ percent.

A

17 percent

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3
Q

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

A

25 percent

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4
Q

FCA 413 Child support percentage of combined parental income for 4 children is ____ percent.

A

31 percent

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5
Q

FCA 413 Child support percentage of combined parental income for 3 children is ____ percent.

A

29 percent

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6
Q

FCA 413 Child support percentage of combined parental income for 5 or more children is ____ percent.

A

no less than 35 percent.

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7
Q

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

A

135 percent

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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 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 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

24 months

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10
Q

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

A

FCA 415 False

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11
Q

FCA 439 Support magistrates have the power to:

A
  1. Make a violation of 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 filing 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

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. MUST

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15
Q

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

  1. MUST/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
  2. MAY
  3. MAY
  4. MAY
  5. MAY
  6. MAY
  7. MAY
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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.

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 summon, subpoena, or warrant relating to paternity or child support.

A

4 months

18
Q

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

A

3 years

19
Q

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

A

95%

20
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

10 days

21
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

Sequestration

22
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), Article 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

23
Q

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

A

21

24
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

35 days

25
Q

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

A

county where one of parties resides or is domiciled at time of filing of petition.

26
Q

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

A

8 days

27
Q

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

A

1 year

28
Q

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

A

90 days

29
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.

30
Q

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

A

False. NO jury

31
Q

FCA 439 Support magistrates cannot hear issues relating to:

A

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).

32
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
  1. Article 4 (Support)
  2. Article 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 of support and care in counties within and outside NYC).
  4. Objections raised pursuant to CPLR 5241 (Income execution and support enforcement).

Family Court (Senior Court Clerk) (18 decks)

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