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Family Court Act 2022 > FCA Quiz Article 5 & UIFSA > Flashcards

FCA Quiz Article 5 & UIFSA Flashcards

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1
Q 
Support enforcement agency means public official or agency authorized to seek: 1. enforcement of orders of support or laws relating to duty of support 2. establishment or modification of child support 3. determination of parentage or to locate obligors or their assets.
A. 1 & 2 
B. 1 & 3 
C. 2 & 3 
D. 1, 2 & 3
A

D

FCA 5B, 580-101

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2
Q 
The party obtaining order determining recognition of a specific support order shall file within 30 days of issuance of the order a\_\_\_\_\_ with each tribunal which issued an earlier order of child support.
A. copy of the order
B. verified copy of the order
C. certified copy of the order
D. transcript of judgment
A

C

FCA 5B, 580-207

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3
Q

Among the duties which a support enforcement agency has is to send a copy of any written communication from a respondent or respondent’s attorney to the other side within____
A. 5 days of receipt (exclusive of Sat, Sun, & legal holidays)
B. 10 days of receipt (exclusive of Sat, Sun, & legal holidays)
C. 8 business days of receipt
D. 20 days

A

B

FCA 5B, 580-307

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4
Q

A support order or income-withholding order of another state may be registered in NYS by sending the following to the appropriate tribunal in NYS.
A. 2 copies, including 1 certified, of all orders to be registered.
B. 3 copies,
including 1 certified, of all orders to be registered.
C. 2 copies of all orders to be
registered.
D. 3 copies of all orders to be registered.

A

A (FCA 5B, 580-602)

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5
Q 
A hearing to contest the validity or enforcement of a registered order must berequested in writing within\_\_\_\_days after service of\_\_\_\_
A. 20..notice of registration of order
B. 30.. copy of order.
C. 10.. certified copy of order
D. 60.. exemplified copy of order.
A

A (FCA 5B, 580-606)

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6
Q 
In support and paternity proceedings, the FC in NYS may exercise personal jurisdiction over a non resident individual (or the individual's guardian or conservator) if 1. the individual is personally served with a summons and petition in NYS. 2. the individual consents (either by personal appearance or by filing a petition) 3. the individual resided in NYS with the child. 4. the individual asserted parentage in the putative father registry of NYS.
A. 1,2 & 4 
B. 1,2 & 3 
C. 2,3 & 4 
D. All 4
A

D (FCA 580-201)

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7
Q 
-Generally, FC of NYS has continuing exclusive original jurisdiction over child support order which it has issued: 1. as long as it remains the residence of obligor, or the individual obligee, or the child, or 2. until all individual parties file with court consents for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction. 
A.1 is correct. 
B. 2 is correct.
C. 1 & 2 are correct. 
D. Neither Correct
A

C (FCA 580-205)

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8
Q

The FC and ______ court have concurrent jurisdiction to establish paternity

A

surrogate’s court

FCA 511

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9
Q

Acknowledgment of paternity may be rescinded by either party within _____ days of signing by filing a petition.

A

60

FCA 516

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10
Q

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

A

False, may be instituted after child reaches 21 if paternity has beenacknowledged in writing or by support.
FCA 517

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11
Q

Venue of a paternity proceeding is______

A

county where child or mother or putative father resides or is found.
FCA 521

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12
Q

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

A

False. Paternity summons is issued by the court subsequent to the filing of a petition.
FCA 524

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13
Q

A paternity summons and petition must be served _______ days

before the time stated for appearance.

A

8

FCA 525

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14
Q

A respondent taken into custody in Albany county on a warrant issued in Westchester county must be taken to________

A

FC judge in Albany County.

FCA 527

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15
Q

T/F? Some paternity trials are by jury.

A

False

FCA 531

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16
Q

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.

A

True

FCA 531

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17
Q

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

A

False, Must be ordered on motion of any party or on the court’s own motion.
FCA 532

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18
Q

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.

A

True

FCA 541

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19
Q

The order of filiation must contain the _________ number of the declared father.

A

social security

FCA 542

20
Q

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 (5 types):

A
  1. driving license
  2. state professional licenses
  3. state occupational licenses
  4. state business licenses
  5. state recreational licenses
    FCA 548-a
21
Q

T/F? A spousal support agreement or child support agreement or
compromise is binding upon the mother and child only when the court approves
such agreement.

A

True

FCA 516

22
Q

Two NYS Courts that have concurrent original jurisdiction relating to
establishment of paternity are FC and: A. civil court. B. surrogates court.
C. criminal court. D. the district courts

A

B

FCA 511

23
Q

Which of the following is not correct? A paternity proceeding may be instituted:
A. during the pregnancy of the mother.
B. during pregnancy of mother or at any time after the birth of the child.
C. any time if paternity has been acknowledged in writing.
D. any time if paternity has been acknowledged by furnishing support

A

B

FCA 517

24
Q

Which of the following is not correct? Paternity proceeding may be originated in county where:
A. child resides.
B. mother is found.
C. putative father is domiciled
D. putative father, or child, or mother resides or is found.

A

C

FCA 525

25
Q 
Service of a paternity proceeding summons and petition must be made at least\_\_\_\_days prior to the time\_\_\_\_
A. 3. to answer.
B. 8..to interpose a counterclaim.
C. 20..SCU serves a demand for support.
D. 8.... stated for appearance.
A

D

FCA 525

26
Q

Which of the following statements relating to paternity proceedings is false?
A. Hearing is by the court without a jury.
B. Mother or alleged father shall be competent to testify.
C. Respondent shall be compelled to testify.
D. If mother is married both she & her husband may testify to non access.

A

C

FCA 531

27
Q

Which of the following is correct? If a neglect petition was filed in the paternity proceeding:
A. Neglect petition must be dismissed. B. Neglect petition must be dismissed if paternity petition is dismissed.
C. Paternity petition must be dismissed if neglect petition is dismissed.
D. Court retains jurisdiction over neglect petition whether or not it dismisses paternity petition.

A

D

FCA 541

28
Q

Which of following statements is not correct? In a paternity proceeding the court may issue a warrant if:
A. the summons cannot be served.
B. respondent failed to obey summons.
C. safety of petitioner is endangered.
D. a respondent on bail or parole has appeared.

A

D

FCA 526

29
Q

Which of the following is false?
A. Paternity proceedings are originated by a verified petition.
B. Paternity proceedings may only be originated by the father
C. Paternity proceeding may be originated by mother, whether a minor or not.
D. Paternity proceedings may be originated by the child’s guardian.

A

B

FCA 522

30
Q

T/F? Child means individual under the age of majority alleged to be owed support.

A

False (over or under the age of majority)

FCA 580-101

31
Q

The party obtaining the order determining recognition of a
specific support order (FCA 5B) shall file within ____ days of issuance of the order a certified copy of the order with each tribunal which has issued an earlier order of child support.

A

30

FCA 580-207

32
Q

T/F? Minor parent may maintain a proceeding on behalf of or benefit of a minor child.

A

True

FCA 580-302

33
Q

Among the duties which a support enforcement agency has is to send a copy of any written communication from a respondent or petitioner to the other side within_____ days of receipt (exclusive of Saturdays, Sundays, and
legal holidays).

A

10

FCA 580-307

34
Q

T/F? Generally, a petitioner present in NYS to participate in a proceeding under article 5B cannot be served by civil process in another proceeding.

A

True

FCA 580-314

35
Q

T/F? A support or paternity petition under article 5B must be verified.

A

True

FCA 580-311

36
Q

T/F? An income-withholding order of another state may not be sent to the employer in NYS without first registering the order with the FC or filing a petition.

A

False. It does not first have to be registered

FCA 580-501

37
Q

T/F? In a proceeding for arrears, the statute of limitation under the laws of NYS or the issuing state, whichever is longer, applies.

A

True

FC 580-604

38
Q

A hearing to contest the validity or enforcement of a registered order must be requested in writing within___ days after service of notice of registration of order.

A

20

FCA 580-606

39
Q

Support enforcement agency means public official or agency authorized to seek: 1. enforcement of orders of support or laws relating to duty of support 2. establishment or modification of child support 3. determination of parentage or to locate obligors or their assets.
A. 1 & 2 B. 1 & 3 C. 2 & 3 D. 1, 2 & 3

A

D (FCA 5B, 580-101)

40
Q 
The party obtaining order determining recognition of a specific support order shall file within 30 days of issuance of the order a\_\_\_\_\_ with each tribunal which issued an earlier order of child support.
A. copy of the order
B. verified copy of the order
C. certified copy of the order
D. transcript of judgment
A

C (FCA 5B, 580-207)

41
Q

Among the duties which a support enforcement agency has is to send a copy of any written communication from a respondent or respondent’s attorney to the
other side within ____
A. 5 days of receipt (exclusive of Sat, Sun, & legal holidays).
B. 10 days of receipt (exclusive of Sat, Sun, & legal holidays).
C. 8 business days of receipt.
D. 20 days.

A

B (FCA 5B, 580-307)

42
Q

A support order or income-withholding order of another state may be registered in NYS by sending the following to the appropriate tribunal in NYS.
A. 2 copies, including 1 certified, of all orders to be registered.
B. 3 copies, including 1 certified, of all orders to be registered.
C. 2 copies of all orders to be registered.
D. 3 copies of all orders to be registered.

A

A (FCA 5B, 580-602)

43
Q 
A hearing to contest the validity or enforcement of a registered order must be requested in writing within\_\_\_\_days after service of\_\_\_\_
A. 20..notice of registration of order
B. 30.. copy of order.
C. 10.. certified copy of order
D. 60.. exemplified copy of order.
A

A (FCA 5B, 580-606)

44
Q 
In support and paternity proceedings, the FC in NYS may exercise personal jurisdiction over a non-resident individual (or the individual's guardian or conservator) if 1. the individual is personally served with a summons and petition in NYS. 2. the individual consents (either by personal appearance or by filing a petition) 3. the individual resided in NYS with the child. 4. the individual asserted parentage in the putative father registry of NYS.
A. 1,2 & 4 
B. 1,2 & 3 
C. 2,3 & 4 
D. All 4
A

D (FCA 580-201)

45
Q

Generally, FC of NYS has continuing exclusive original jurisdiction over child support order which it has issued: 1. as long as it remains the residence of obligor, or the individual obligee, or the child, or 2. until all individual parties file with court consents for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction.
A.1 is correct. B. 2 is correct.
C. 1 & 2 are correct. D. Neither Correct

A

C (FCA 580-205)

46
Q

What are the 3 reasons with which you can move to challenge an acknowledgement of paternity after the 60 days?

A
  1. Fraud
  2. Duress
  3. Material mistake of fact

Family Court Act 2022 (6 decks)

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