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Family Court Act 2022 > FCA Quiz Article 4 > Flashcards

FCA Quiz Article 4 Flashcards

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1
Q

Parents are responsible for the support of their children up to the age of___

A

21 FCA 413

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2
Q

Unless court receives written objections to proposed support order within ____ days of mailing, the proposed adjusted support order becomes final.

A

35

FCA 413-a

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3
Q

Venue in a support proceeding is county where__________

A

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

FCA 421

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4
Q

Support summons and petition must be served at least _______days before the hearing.

A

8

FCA 427

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5
Q

If support order is entered on default, respondent has_________from date of entry to make motion for relief.

A

1 year

FCA 427

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6
Q

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

A

90

FCA 428

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7
Q

Warrant issued in Westchester, Respondent arrested in Albany. Respondent is taken to___________

A

FC judge in county of arrest.

FCA 431

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8
Q

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

A

False. NO jury

FCA 435

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9
Q

Support magistrates cannot hear issues relating to: (7)

A

(7) CCCOVER 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, sub 5).

FCA 439

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10
Q

Support magistrates have the power to: (4)

A

M - make a violation of order determination

A - administer oaths

I - issue subpoenas

D - direct parties to engage in and permit disclosure (MAID)

FCA 439

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11
Q

A child support order is effective from what date?

A

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

FCA 449

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12
Q

Willful failure to obey support order, maximum jail:

A

6 Months

FCA 454

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13
Q

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

A

False. MUST enter a money judgment

FCA 454

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14
Q

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 income deduction order
  3. MUST/MAY require the respondent to post an undertaking.
  4. MUST/ MAY make 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 (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

FCA 454

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15
Q

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

FCA 456

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16
Q

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

FCA 458

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17
Q

An undertaking in a support proceeding is for a maximum period of__________

A

3 Years

FCA 471

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18
Q

“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

135

FCA 413

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19
Q

A_____% or greater possibility of paternity creates rebuttable presumption of paternity.

A

95

FCA 418

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20
Q

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

FCA 424-a

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21
Q

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

FCA 429

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22
Q

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

FCA 439

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23
Q

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 (FCA 421)

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24
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 only

C. 2 and 3 only

B. 1 and 2 and 3

D. none of the above

A

B (FCA 422)

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25
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 resp. 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 1 & 2 D. none

A

C (FCA 426)

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26
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. Cert. of warrant may be renewed by clerk of the court.

A

B (FCA 428)

27
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 into custody.

B. before a FC judge in cty where he was taken into custody

C. either A or B. D. neither A nor B.

A

B (FCA 431)

28
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 (FCA 428)

29
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 benefits 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 (FCA 413)

30
Q

Parents are responsible for the support of their children up to the age of____.

A

21

FCA 413

31
Q

Unless court receives written objections to proposed support order within ____ days of mailing, the proposed adjusted support order becomes final.

A

35

FCA 413-A

32
Q

Venue in a support proceeding is county where__________

A

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

FCA 421

33
Q

Support summons and petition must be served at least _______days before the hearing.

A

8

FCA 427

34
Q

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

A

1 year

FCA 427

35
Q

A certificate of warrant expires ____ days from date of issue

A

90

FCA 428

36
Q

Warrant issued in Westchester, Respondent arrested in Albany. Respondent is taken to___________

A

FC judge in county of arrest.

FCA 431

37
Q

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

A

False. There are nor juries in family court.

FCA 435

38
Q

Support magistrates cannot hear issues relating to:

(HINT) (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, sub 5).

FCA 439

39
Q

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 and 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).

FCA 439

40
Q

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

FCA 439

41
Q

A child support order is effective from what date?

A

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

FCA 449

42
Q

Willful failure to obey support order, maximum jail:

A

6 months

FCA 454

43
Q

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

A

False. MUST enter a money judgment

FCA 454

44
Q

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 undertaking4. MUST/MAY make order of sequestration5. MUST/MAY suspend driving privileges6. MUST/MAY suspend professional or business licenses7. 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

FCA 454

45
Q

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.

FCA 456

46
Q

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

FCA 458

47
Q

An undertaking in a support proceeding is for a maximum period of__________

A

3 years

FCA 471

48
Q

A_____% or greater possibility of paternity creates rebuttable presumption of paternity.

A

95%

FCA 418

49
Q

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

FCA 424-a

50
Q

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

FCA 429

51
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

(FCA 413)

52
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% three children

D. 31% for four children

E. 35% for five or more children

A

C. 29%

(FCA 413)

53
Q

Which of 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 into evidence unless timely objection is made.

D. Blood genetic marker tests must be ordered in every support proceeding.

A

D

(FCA 418)

54
Q

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

(FCA 421)

55
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 only B. 1 and 2 and 3

C. 2 and 3 only D. none of the above

A

B

(FCA 422)

56
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 1 & 2 D. none

A

C

(FCA 426)

57
Q

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. 144 hours, if there is Sat & Sun between the days of service

D. 3 days

A

A

(FCA 427)

58
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. Cert. of warrant may be renewed by clerk of the court.

A

B

(FCA 428)

59
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 into 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

(FCA 431)

60
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

(FCA 428)

61
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

FCA 413

62
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. health insurance coverage information

A. 1, 3 & 4 only B. 2, 3 & 4 only C. 4 only D. 1, 2, 3& 4

A

A

FCA 424-a

63
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

FCA 454

Family Court Act 2022 (6 decks)

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