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FCA - FUTURE CLERK 2023: THE CLERKENING > 5B Volume one > Flashcards

5B Volume one Flashcards

1
Q

580-102 Definitions.
_____ - means an individual regardless of age owed a duty of support by the individual’s parent or who is to be the beneficiary of a support order directed to the parent

A

Child

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2
Q

580-102 Definitions.
_________ - a support order for a child under the law of an issuing state regardless of age

A

Child Support Order

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3
Q

580-102 Definitions.
_________ - A court of a foreign country that can issue a foreign support order

A

Foreign Tribunal

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4
Q

580-102 Definitions.
*Home State- means the state where the child lived with a parent or person acting as a parent for at least ___________ immediately preceding the time of filing of the petition, or the state where a child less than ___________ old has been living since birth

A

SIX (6) CONSECUTIVE MONTHS……….. six months

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5
Q

580-102 Definitions.

Income- most income other than that from _________ or _______ is considered for these determinations. For the full list see CPLR5241

“Income” includes any earned, unearned, taxable or non-taxable income, benefits, or periodic or lump sum payment due to an individual, regardless of source, including wages, salaries, commissions, bonuses, workers’ compensation, disability benefits, unemployment insurance benefits, payments pursuant to a public or private pension or retirement program, federal social security benefits as defined in 42 U.S.C. section 662(f) (2), and interest, but excluding public assistance benefits paid pursuant to the social services law and federal supplemental security income.

A

public assistance ……SSI

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6
Q

580-102 Definitions.

______________ - An order directed to an employer or other income payer to withhold income of the obligor

A

Income Withholding Order

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7
Q

580-102 Definitions.

___________ - a state from which a proceeding is forwarded or which a proceeding is filed for forwarding to a responding state under this article

A

Initiating State

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8
Q

580-102 Definitions.

_________ - the state which a court (tribunal) issues a support order or determines parentage

A

Issuing state

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9
Q

580-102 Definitions.

_________ - an individual or state or political subdivision to which a duty of support is owed, a support order is issued or a judgment determining parentage has been rendered

A

Obligee

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10
Q

580-102 Definitions.

________ - an individual or estate of a decedent, who owes a duty of support or liable under a support order or who is alleged but not adjudicated to be a parent of a child

A

Obligor

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11
Q

580-102 Definitions.

________- means to file a support order or judgment determining parentage in a court (tribunal)

A

Register

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12
Q

580-102 Definitions.

_____________ - the tribunal (court) where a support order is registered

A

Registering Tribunal (court)

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13
Q

580-102 Definitions.

______________- a state in which a proceeding is filed or forwarded to for filing from an initiating state

A

Responding state

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14
Q

580-102 Definitions.

___________ - means the authorized tribunal in a responding state

A

Responding tribunal

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15
Q

580-102 Definitions.

_________- a state of the US, the District of Columbia, Puerto Rico, US virgin islands and including an Indian tribe or foreign jurisdiction that has enacted similar laws to our own

A

State

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16
Q

580-102 Definitions.

Support Enforcement agency- a public official or agency authorized to seek:

  1. Enforcement of support orders or laws relating to the duty of support
  2. Establishment or modification of child support
  3. Determination of __________
  4. To locate obligors or their _________
A

Parentage………assets

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17
Q

580-102 Definitions.

__________ - means a judgment, decree or order, whether temporary, final or subject to modification for the benefit of child or spouse for monetary support, health care, reimbursement or other related costs even attorneys fees

A

Support order

18
Q

580-102 Definitions.

Tribunal- means a court, agency, or quasi judicial entity authorized to establish, enforce Or modify support orders or to determine parentage.

  • Here in NY the ___________ is our tribunal
A

family court

19
Q

580-104 Remedies cumulative

Remedies provided by this article are cumulative and do not affect the availability of remedies under other laws

A

580-104 Remedies cumulative

Remedies provided by this article are cumulative and do not affect the availability of remedies under other laws

20
Q

580-105 Application of the article to a resident of a foreign country and foreign support proceedings

A tribunal of this state shall apply most parts of this article to a support proceeding involving:

  1. A foreign support order
  2. A foreign tribunal
  3. An obligee, obligor or child residing in a foreign country
A

580-105 Application of the article to a resident of a foreign country and foreign support proceedings

A tribunal of this state shall apply most parts of this article to a support proceeding involving:

  1. A foreign support order
  2. A foreign tribunal
  3. An obligee, obligor or child residing in a foreign country
21
Q

580-201 Basis for jurisdiction over nonresident

*In a proceeding under this article for support or determination of parentage the tribunal of this state may exercise personal jurisdiction over a non resident individual if:

  1. The individual is personally served with a summons and petition within this state
  2. The individual submits to jurisdiction of this state by consent via a general appearance or filing a responsive document
  3. The individual resided with the child in this state
  4. The individual resided in this state and provided prenatal expenses or support for the child
  5. The child resides in this state as a result of the acts of the individual
  6. The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
  7. The individual asserted parentage in the putative father registry
  8. There is any other basis consistent with the constitutions of this state and the United States for the basis of jurisdiction
A

*In a proceeding under this article for support or determination of parentage the tribunal of this state may exercise personal jurisdiction over a non resident individual if:

  1. The individual is personally served with a summons and petition within this state
  2. The individual submits to jurisdiction of this state by consent via a general appearance or filing a responsive document
  3. The individual resided with the child in this state
  4. The individual resided in this state and provided prenatal expenses or support for the child
  5. The child resides in this state as a result of the acts of the individual
  6. The individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse.
  7. The individual asserted parentage in the putative father registry
  8. There is any other basis consistent with the constitutions of this state and the United States for the basis of jurisdiction
22
Q

580-202 Duration of personal jurisdiction

A tribunal of this state may apply to another state if to receive evidence or to obtain _________

A

discovery

23
Q

580-203 Initiating and responding tribunal of state

The tribunal of this state may serve as both the initiating tribunal to forward proceeding to another state and as a responding tribunal for proceedings which initiated in another state

A

580-203 Initiating and responding tribunal of state

The tribunal of this state may serve as both the initiating tribunal to forward proceeding to another state and as a responding tribunal for proceedings which initiated in another state

24
Q

580-204 Simultaneous proceedings

Even after a pleading is filed in another state, the family court (tribunal) of this state may still exercise jurisdiction over a support order, but only if:

  1. The petition in this state is filed before the time runs out in the other state to file _____________, challenging the jurisdiction of the other state
  2. The contesting party timely __________ the jurisdiction in the other state
  3. If relevant this state is the __________ of the child
A

a response……….. challenges…….. home state

25
Q

580-204 Simultaneous proceedings

A tribunal of this state may not exercise jurisdiction to establish a support order if the petition is filed before a petition is filed in another state if:

  1. The petition in the other state is filed before the expiration of the time allowed in this state for filing a ____________ challenging the exercise of jurisdiction by this state
  2. The contesting party timely ___________ jurisdiction in this state
  3. If relevant, the other state is the__________ of the child
A

responsive pleading…..challenges…….. home state

26
Q

580-205 Continuing exclusive jurisdiction to modify child support order

A tribunal of this state issuing a support order has continuing exclusive jurisdiction over a child support order:

  1. As long as this state remains the __________ of the obligor, the individual obligee or the child receiving support, or
  2. Until all the parties who are individuals have filed written ___________ with the tribunal of this state for a tribunal of another state to modify the order and assume continuing exclusive jurisdiction
A

residence…… consents

27
Q

580-205 Continuing exclusive jurisdiction to modify child support order

A tribunal of this state (MAY/MAY NOT) exercise its continuing jurisdiction to modify an order if the order was modified by another tribunal in another state pursuant to UIFSA

A

MAY NOT

28
Q

580-205 Continuing exclusive jurisdiction to modify child support order

If a child support order of this state is modified by a tribunal of another state under UIFSA, this state loses its continuing exclusive jurisdiction, but still may:

  1. Enforce the order that was modified as to amounts accruing __________ the modification
  2. Enforce ___________ aspects of the order
  3. Provide other relief for _________ which occurred before the effective date of the modification
A

Before ……….. non modifiable …….. violations

29
Q

580-205 Continuing exclusive jurisdiction to modify child support order

A tribunal of this state (MAY/SHALL) recognize the continuing, exclusive jurisdiction of another tribunal in another state who issued a child support order under UIFSA

A

SHALL

30
Q

580-205 Continuing exclusive jurisdiction to modify child support order

A tribunal of this state has continuing, exclusive jurisdiction over a spousal support order it issued, but may not ________ a spousal support order issued by another tribunal of another state having continuing, exclusive jurisdiction over that order

A

modify

31
Q

580-206 Continuing jurisdiction to enforce child support order

A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state

A

580-206 Continuing jurisdiction to enforce child support order

A tribunal of this state may serve as an initiating tribunal to request a tribunal of another state to enforce or modify a support order issued in that state

32
Q

580-206 Continuing jurisdiction to enforce child support order

A tribunal of this state having continuing, exclusive jurisdiction may act as a responding tribunal to enforce or modify the order

A

580-206 Continuing jurisdiction to enforce child support order

A tribunal of this state having continuing, exclusive jurisdiction may act as a responding tribunal to enforce or modify the order

33
Q

580-206 Continuing jurisdiction to enforce child support order

A tribunal of this state which lacks continuing, exclusive jurisdiction over a spousal support order (MAY/MAY NOT) serve as a responding tribunal to modify a spousal support order of another state

A

MAY NOT

34
Q

580-207 Determination of controlling child support order

If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls

A

580-207 Determination of controlling child support order

If a proceeding is brought under this article and only one tribunal has issued a child support order, the order of that tribunal controls

35
Q

580-207 Determination of controlling child support order

If more than one tribunal has issued child support orders for the same child, then the rules of this section will determine which order to recognize for continuing, exclusive jurisdiction. An example of one of these rules is:
An order issued by the tribunal of the current home state of the child controls…

A

580-207 Determination of controlling child support order

If more than one tribunal has issued child support orders for the same child, then the rules of this section will determine which order to recognize for continuing, exclusive jurisdiction. An example of one of these rules is:
An order issued by the tribunal of the current home state of the child controls…

36
Q

580-207 Determination of controlling child support order

*Within _____________ after issuance of an order determining the identity of the controlling order, the party obtaining the order shall file a certified copy of the order with each tribunal that issued or registered an earlier order of child support

A

THIRTY (30) DAYS

37
Q

580-208 Child support orders for two or more obligees

A tribunal of this state shall acknowledge multiple petitions, registrations and orders from another state regarding the same obligor and different obligees, as if the multiple orders were issued in this state

A

580-208 Child support orders for two or more obligees

A tribunal of this state shall acknowledge multiple petitions, registrations and orders from another state regarding the same obligor and different obligees, as if the multiple orders were issued in this state

38
Q

580-209 Credit for payments
Credits for __________ made to a support order issued by another state must be credited against amounts due as a result of support orders issued by this state

A

payments

39
Q

580-210 Application of article to nonresident subject to personal jurisdiction

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this article may receive evidence from outside this state, communicate with a tribunal outside this state and obtain discovery from a tribunal outside this state

A

580-210 Application of article to nonresident subject to personal jurisdiction
A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this article may receive evidence from outside this state, communicate with a tribunal outside this state and obtain discovery from a tribunal outside this state

40
Q

580-211 Continuing exclusive jurisdiction to modify spousal-support order

A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.

A

580-211 Continuing exclusive jurisdiction to modify spousal-support order
A tribunal of this state issuing a spousal-support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal-support order throughout the existence of the support obligation.

41
Q

580-211 Continuing exclusive jurisdiction to modify spousal-support order

A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

A

580-211 Continuing exclusive jurisdiction to modify spousal-support order

A tribunal of this state may not modify a spousal-support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

42
Q

580-211 Continuing exclusive jurisdiction to modify spousal-support order

A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as:

  1. An initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or
  2. A responding tribunal to enforce or modify its own spousal-support order.
A

A tribunal of this state that has continuing, exclusive jurisdiction over a spousal-support order may serve as:

  1. An initiating tribunal to request a tribunal of another state to enforce the spousal-support order issued in this state; or
  2. A responding tribunal to enforce or modify its own spousal-support order.

FCA - FUTURE CLERK 2023: THE CLERKENING (46 decks)

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