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VJC Resources Clerks Prep Course - FCA > Quiz 3 Articles 5 and 5B > Flashcards

Quiz 3 Articles 5 and 5B Flashcards

1
Q

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

A

surrogate’s court

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2
Q

FCA 516 Acknowledgement of paternity may be rescinded by either party within __ days of signing by filing a petition.

A

60 days

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3
Q

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

A

False

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4
Q

FCA 521 Venue of paternity proceeding is ____

A

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

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5
Q

FCA 524 T/F? Paternity summons must contain statement that

A

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

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6
Q

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

A

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

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7
Q

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

A

8

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8
Q

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

A

family court judge in Albany county

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9
Q

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

A

false

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10
Q

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.

A

true

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11
Q

FCA 532 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 courts own motion

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12
Q

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.

A

True

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13
Q

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

A

social security

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14
Q

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 (5 types):

A
  1. driving license
  2. state professional licenses
  3. state occupational licenses
  4. state business licenses
  5. state recreational licenses
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15
Q

FCA 516 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

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16
Q 
Two NYS Courts that have concurrent original jurisdiction relation to establishment of paternity are FC and 
A. civil court
B. surrogates court
C. criminal court
D. the district courts
A

B. surrogates court

17
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. during pregnancy of mother or at any time after the birth of the child. FCA 517

18
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. putative father is domiciled (FCA 521)

19
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. 8, stated for appearance (FCA 525)

20
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 and her husband may testify to non-access

A

C. respondent shall be compelled to testify (FCA 531)

21
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. court retains jurisdiction over neglect petition whether or not it dismisses paternity petition FCA 541

22
Q

Which of the 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. a respondent on bail or parole has appeared (FCA 526)

23
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. paternity proceedings may only be originated by the father (FCA 522)

24
Q

FCA 580-101 T/F? Child means individual under the age of majority alleged to be owed support

A

False (over or under the age go majority)

25
Q

FCA 580-207 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

26
Q

FCA 580-302 T/F? Minor parent may maintain a proceeding on behalf of or benefit of a minor child.

A

True

27
Q

FCA 508-304 T/F? An initiating tribunal of NYS shall forward copies of the petition to the responding tribunal or appropriate support enforcement agency.

A

true

28
Q

FCA 580-307 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

29
Q

FCA 580-314 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

30
Q

FCA 580-311 T/F? A support or paternity petition under article 5B must be verified.

A

True

31
Q

FCA 580-501 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 filling a petition.

A

False. It does not first have to be registered

32
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 and 2
B. 1 and 3
C. 2 and 3
D. 1, 2 and 3
A

D. 1, 2 and 3
(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)(FCA 5B, 580-101)

33
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. certified copy of the order (FCA 5B, 580-207)

34
Q

T/F? An initiating tribunal of NYS shall forward copies of the petition and its accompanying documents to the responding tribunal or appropriate support enforcement agency

A

true (FCA 5B, 580-304)

35
Q

Among the duties which 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 and legal holidays)
B. 10 days of receipt (exclusive of Sat, Sun and legal holidays)
C. 8 business days of receipt
D. 20 days

A

B. 10 days of receipt (exclusive of Sat, Sun and legal holidays) (FCA 5B, 580-307)

36
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. 2 copies, including 1 certified, of all orders to be registered (FCA 5B, 580-602)

37
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 20…notice of registration of order (FCA 5B, 580-606)

38
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 and 4
B. 1, 2 and 3
C. 2, 3 and 4
D. All 4
A

D. All 4
(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) (FCA 580-201)

39
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 and 2 are correct
D. neither are correct
A

C. 1 and 2 are correct
(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.) (FCA 580-205)

VJC Resources Clerks Prep Course - FCA (3 decks)

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