FCA Article 5

Question 1

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

Answer 1

True.

Question 2

FCA 516-a An acknowledgement of paternity must be reduced to writing and filed with ___________.

Answer 2

the registrar of the district in which the birth occurred and in which the birth certificate has been filed.

Question 3

FCA 517 A paternity proceeding cannot be started after the child reaches the age of 21 unless 1) paternity has been acknowledged by the father in writing, or 2) ________.

Answer 3

by furnishing support

Question 4

FCA 527 Respondent taken into custody on a warrant issued by NYC FC must be taken before the court that issued the warrant (if arrested within NYC). If arrested outside NYC, must be taken before ___________.

Answer 4

Family Court judge in that county.

Question 5

FCA 541 If the court finds that the male party is not the father, it shall ________.

Answer 5

dismiss the petition.

Question 6

FCA 543 Order of filiation must be transmitted by the clerk to __________ (or to NYC commissioner of health if at appears that child was born in NYC).

Answer 6

the state commissioner of health

Question 7

FCA 571 Any support order made pursuant to this section shall be effective as of________.

Answer 7

the date of application.

Question 8

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

Answer 8

FC judge in Albany county.

Question 9

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

Answer 9

False

Question 10

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.

Answer 10

True.

Question 11

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

Answer 11

False. Blood genetic marker tests and DNA tests MUST be ordered on motion of any party or on the court’s own motion.

Question 12

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.

Answer 12

True.

Question 13

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

Answer 13

Social security number

Question 14

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 (types):

Answer 14

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

Question 15

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

Answer 15

Surrogate’s court

Question 16

FCA 516 An acknowledgement of paternity may be rescinded by either party within ____ days of signing by filing a petition.

Answer 16

60 days

Question 17

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

Answer 17

False. Paternity proceedings may only be instituted after child reaches 21 if paternity has been acknowledged in writing or by support.

Question 18

FCA 521 Venue of a paternity proceeding is ____________.

Answer 18

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

Question 19

FCA 524 A paternity summons must contain statement that:

Answer 19

upon default, default order of filiation will be entered upon proof of respondent’s actual notice of proceeding, and may suspend licenses.

Question 20

FCA 524 T/F? Paternity summons is issued by attorney or petitioner prior to filing of a paternity petition.

Answer 20

False. Paternity summons is issued by the court subsequent to the filing of a petition.

Question 21

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

Answer 21

8 days