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VJC Resources Clerks Prep Course - FCA > FCA Quiz 2 - Articles 2 & 4 > Flashcards

FCA Quiz 2 - Articles 2 & 4 Flashcards

1
Q

Which of the following statements relating to FC orders us false?
A. to be effective, an order must be signed with the judge’s signature or initials
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.

A

B. the original of a FC order is filed with the court court
(FCA 217

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2
Q

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

A

D. Petitioner in an article 5 proceeding. (FCA 262)

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3
Q 
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
A. 20,20
B. 30,30
C. 45,45
D. 60,60
A

A. 20,20 (FCA 217)

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4
Q

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

A

21

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5
Q

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

A

35

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6
Q

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

A

one party resides or domiciled at time of filing of petition.

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7
Q

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

A

8

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8
Q

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

A

1 year

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9
Q

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

A

90

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10
Q

FCA 431 Warrant issued in Westchester, respondent arrested in Albany, respondent is taken to _______.

A

FC judge in county of arrest

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11
Q

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

A

False.

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12
Q

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

A 
C - commitment
C - contested paternity
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)
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13
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. Articles 5(Paternity), 5A (Special provisions relating to enforcement of support & establishment of paternity) & 5B (UIFSA)
  3. Section 234 & 235 of FCA (Compensation and liability for support and care in counties within and outside NYC)
  4. Objections raised pursuant to CPLR 5241 (Income execution and support enforcement).
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14
Q

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

A

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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15
Q

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

A

date of filling petition or, if child is in receipt of public assistance, date child became eligible for assistance, whichever is sooner.

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16
Q

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

A

6 months

17
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 enter money judgment

18
Q

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

  1. MUST/MAY enter a money judgment
  2. MUST/MAY make an IDO (income deduction order)
  3. MUST/MAY require the respondent to post an undertaking
  4. MUST/MAY name 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. MUST enter a money judgment
  2. MAY make an IDO (income deduction order)
  3. MAY require the respondent to post an undertaking
  4. MAY name order of sequestration
  5. MAY suspend driving privileges
  6. MAY suspend professional or business licenses
  7. MAY suspend recreational licenses
19
Q

FCA 456 Probation in a support proceeding is how long?

A

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

20
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

4

21
Q

FCA 471 AN undertaking in a support proceeding is for a maximum period of _______.

A

3 years.

22
Q

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

A

95

23
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

24
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

25
Q 
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 males and females
C. 21, only if still attending school 
D. none of the above
A

D. 21, only if still attending school (FCA 413)

26
Q

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. 27% for three children
D. 31% for four children
E. 35% for five or more children

A

C. 27% for three children. (FCA 413) (correct answer is 29%)

27
Q

Which of the following statements relating to blood tests or DNA tests ordered under FCA 4 is false?
A. Blood genetic marker or DNA tests may be ordered on court’s own motion
B. Blood genetic marker tests must be ordered upon motion of any party
C. All DNA test results are admitted in to evidence unless timely objection is made
D. Blood genetic marker tests must be ordered in every support proceeding

A

D. Blood genetic marker tests must be ordered in every support proceeding. (FCA 418)

28
Q

Choose the best answer. Generally, venue in a support proceeding is county where:
A. one of the parties resides is us domiciled
B. the acts is occurred
C. one of the parties is domiciled
D. none of the above

A

A. one of the parties resides domiciled. FCA 421)

29
Q 
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 and 3
B. 1 and 2 and 3
C. 2 and 3
D. none of the above
A

B. 1,2 & 3 (FCA 422)

30
Q 
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
B. 2
C. both
D. none
A

C. both (FCA 426)

31
Q

Personal service of a support summons must be done at least ___ days before the time stated for appearance.
A. 8 days
B. 72 house
C. 144 hours, if there is Sat & Sun between the days of service
D. 3 days

A

A. 8 days (FCA 426)

32
Q

Which of the following statements is false?
A. Certificate of warrant expires 90 days from issuance date
B. court may issue a warrant when 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 summons can be served (FCA 428)

33
Q

(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 in to custody
B. before a FC judge in city where he was taken into custody
C. either A or B
D. neither A nor B

A

B. before a FC judge in city where he was taken into custody (FC 431)

34
Q 
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
B. 1 & 3
C. 1 & 2
D. 1,2 & 3
A

C. 1 & 2 (FCA 428) (if the summons cannot be served & if respondent has failed to obey the summons

35
Q 
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 benefit and pension and retirement benefits, 4. fellowships, stipends and annuity payments
A. 1, 3 & 4
B. 2, 3 & 4
C. 4
D. 1, 2, 3 & 4
A

D. 1, 2, 3 & 4 (FCA 413)

36
Q 
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. hearth insurance coverage information.
A. 1, 3 & 4
B. 2, 3 & 4
C. 4 
D. 1, 2 & 4
A

A. 1,3 & 4 (FCA 424-a)

37
Q 
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
C. 1 & 4
D. 2& 3
A

B. 1 & 2 (FCA 454)

VJC Resources Clerks Prep Course - FCA (3 decks)

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