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FCA > FCA Article 5 > Flashcards

FCA Article 5 Flashcards

1
Q

FCA 516 T/F?
Spouse support agreement or child support agreement or compromise is binding upon mother and child only when court approves such agreement

A

TRUE

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2
Q

FCA 516-A An acknowledgement of paternity must be reduced to writing and filed with____.

A

…writing and filed with: THE REGISTRAR OF THE DISTRICT IN WHIH THE BIRTH OCCURRED AND IN WHICH THE BIRTH CERTIFICATE HAS BEEN FILED

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3
Q

FCA 517 A paternity proceeding cannot be started after the child reaches the age of 21 unless 1) paternity has been acknowledged by the father in writing, or 2)________.

A

2) BY FURNISHING SUPPORT

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4
Q

FCA 527 Respondent taken into custody on a warrant issued by NYC FC must be taken before the court that issued the warrant (if arrested within NYC). If arrest outside NYC, must be taken before ___.

A

…must be taken before: FAMILY COURT JUDGE IN THAT COUNTY

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5
Q

FCA 542 if the court finds that the male party is not the father, it shall ___.

A

…it shall: DISMISS THE PETITION

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6
Q

FCA 543 Order of filiation must be transmitted by the clerk to ____ (or to NYC commissioner of health if it appears that child was born in NYC).

A

…by the clerk to: THE STATE COMMISSIONER OF HEALTH…

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7
Q

FCA 571 Any support order made pursuant to this section shall be effective as of ___.

A

…shall be effective as of: THE DATE OF APPLICATION

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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

…taken to: FC JUDGE IN ALBANY COUNTY

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9
Q

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

A

FALSE.
Not by jury

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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
…DNA TESTS MUST BE ORDERED ON…

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12
Q

FCA 541 F/T?
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_____ of the declared father.

A

…contain the: SOCIAL SECURITY NUMBER…

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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. driver’s license
  2. state professional licenses
  3. state occupational licenses
  4. state business licenses
  5. state recreational licenses
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15
Q

FCA 511 The FC and ______ have concurrent jurisdiction to establish paternity.

A

the FC and: SURROGATE’S COURT have concurrent…..

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16
Q

FCA 516 An acknowledgment of paternity may be rescinded by either party within ____ signing by filing a petition

A

…either party within: 60 DAYS of signing…

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17
Q

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

A

FALSE
PATERNITY PROCEEDINGS MAY ONLY BE INSTITUTED AFTER CHILD REACHES 21 IF PATERNITY HAS BEEN ACKNOWLEDGED IN WRITING OR BY SUPPORT

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18
Q

FCA 521 Venue of a paternity proceeding is _____.

A

…proceeding is COUNTY WHERE CHILD OR MOTHER OR PUTATIVE FATHER RESIDES OR IS FOUND

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19
Q

FCA 524 A paternity summons must contain statement that:

A

that: 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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20
Q

FCA 524 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

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21
Q

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

A

…must be served 8 DAYS before the time…

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22
Q

FCA 516-a An acknowledgment may be rescinded by either party within ___ days of signing by either of the parties signing the acknowledgment by filing a petition with the court to vacate the acknowledgment. After ___ days of execution of the acknowledgment, it can only be challenged on the basis of fraud, duress, or material mistake of fact.

a. 30,30
b. 60,30
c. 60,60
d. 30,60

A

C. 60 DAYS, 60 DAYS

23
Q

FCA 522 Which of the following choices is not completely correct? A paternity proceeding may be originated by:
a. the mother (minor or not), alleged father
(minor or not)
b. child, child’s guardian
c. friend or other person standing in
parental relation or being the next of kin
of the child
d. authorized representative of
incorporated society doing
charitable/philanthropic work, or public
welfare official in county where mother
resides or child is found (if mother or
child are likely to become public charges).

A

C. A FRIEND CANNOT INITIATE A PATERNITY PETITION.

24
Q

FCA 527 Which of the following two statements are correct?
1. Respondent taken into custody on a
warrant issued by NYC FC must be taken
before the court that issue the warrant (if
arrested within NYC). If arrested outside
NYC, must be taken before FC judge in
that county.
2. Respondent taken into custody on a
warrant NOT issued by NYC FC, must be
taken before court that issued warrant (if
arrested within that county). If arrested
outside the county that issue the arrant,
he must be taken before FC judge in
county of arrest.
a. only statement 1 is correct.
b. only statement 2 is correct
c. both statements are correct.
d. both statements are not correct

A

C. BOTH STATEMENTS ARE CORRECT

25
Q

FCA 525 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, support collection unit services a demand for support
d. 8, stated for appearance

A

D. MADE AT LEAST 8 DAYS PRIOR TO THE TIME STATED FOR APPEARANCE

26
Q

FCA 531 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 NOT BE COMPELLED TO TESTIFY

27
Q

FCA 541 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……

28
Q

FCA 526 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. the respondent has failed to obey the
summons
c. the safety of the petitioner is endangered
d. a respondent on bail or parole has
appeared

A

D. …A RESPONDENT ON BAIL HAS NOT APPEARED

29
Q

FCA 522 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 MALY BE ORIGINATED BY OTHER PERSONS AND AGENCIES

30
Q

FCA 511 Two NYS Courts that have concurrent original jurisdiction relating to establishment of paternity are FC and:
a. the civil court
b. the surrogate’s court
c. the criminal court
d. the district courts

A

B. …PATERNITY ARE FC AND THE SURROGATE’S COURT

31
Q

FCA 517 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.
PATERNITY PROCEEDINGS MAY BE INSTITUTED DURING 1) THE PREGNANCY OF THE MOTHER, OR 2) AFTER THE BIRTH OF THE CHILD. A PATERNITY PROCEEDING CANNOT BE STARTED AFTER THE CHILD REACHES THE AGE OF 21 UNLESS 1) PATERNITY HAS BEEN ACKNOWLEDGED BY THE FATHER IN WRITING, OR 2) BY FURNISHING SUPPORT

32
Q

FCA 521 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.
PATERNITY PROCEEDINGS MAY BE ORIGINATED IN THE COUNTY WHERE THE MOTHER OR CHILD OR PUTATIVE FATHER RESIDES OR IS FOUND

33
Q

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

A

FALSE
Child means individual UNDER the age of majority alleged to be owed support

34
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

shall file within: 30 DAYS of issuance…

35
Q

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

A

TRUE

36
Q

FCA 580-304 An initiating tribunal of NYS shall forward ___ copies of the petition to the responding tribunal or appropriate support enforcement agency

A

…NYS shall forward: 3 COPIES of the petition…

37
Q

FCA A580-307 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 holiday)

A

…other side within: 10 DAYS of receipt

38
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

39
Q

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

A

TRUE

40
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 filing a petition

A

FALSE
…of another state MAY be sent to the employer in NYS…

41
Q

FC 580-604 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

42
Q

FCA 580-606 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 or order.

A

…requested in writing within: 20 DAYS after service…

43
Q

FCA 580-101 Child means an individual over or under the age of ___ who is alleged to be owed support or who is the beneficiary of a support order directed to the parent.
a. majority
b. 18
c. 21
d. 14

A

A.
… the age of MAJORITY who is alleged…

44
Q

FCA 580-204Which of the following four choices is false? The FC of NYS may exercise jurisdiction to establish a support order even if such a petition has been filed in another state only if.
a. the petition in NYS is filed before expiration of time for
tiling a responsive pleading in the other state challenging
the exercise of jurisdiction by the other state
b. the contesting party timely challenges the jurisdiction of
the other state, and
c. if relevant, this state is the home state of the child.
d. the petition or comparable pleading in the other state is
filed before expiration of time allowed in NYS for filing a
responsive pleading challenging the exercise of
jurisdiction by NYS

A

D.
…FC of NYS MAY NOT exercise jurisdiction…

45
Q

FCA 580-603 Which one of the four choices is not correct?
a. 580-317 Tribunals in different states may exchange
information regarding laws and other information
regarding proceedings
b. 580-318 A NYS tribunal may not request foreign tribunals
to assist in obtaining discovery and may not compel a
person under its jurisdiction to respond to discovery
orders of foreign tribunals
c. 580-319 A NYS tribunal or support enforcement agency
shall disburse monies collected and shall furnish upon
request a certified statement of amounts and dates of
payments received to a party or tribunal of another state
d. 580-501 An income-withholding order of another state
may be sent to the employer in NYS without first
registering the order with the FC or filing a petition

A

B.
This should read, “A NYS tribunal MAY request foreign….

46
Q

FCA 580-603 Which of the following four statements is not correct?
a. 580-601 On receipt of a request for registration, the
registering tribunal shall cause the order to be filed as a
foreign judgment, together with one copy of the
documents and information.
b. 580-601 A petition seeking other remedies may be filed at
same time as request for registration or at a later time
c. 580-603 A registered order issued in another state is not
enforceable in the same manner and is not subject to the
same procedures as an order issued by a tribunal of NYS.
d. 580-604 Law of issuing state governs nature, extent,
amount, payments duration and other obligations of
support in a proceeding for arrearages, the S/L under NYS
or the issuing state, whichever is longer, applies.

A

C.
This should read, “A registered order issued in another state IS enforceable …….

47
Q

FCA 5B, 580-304 An initiating tribunal of NYS shall forward ___ copies of the petition to the responding tribunal or appropriate support enforcement agency.
a. 2
b. 3
c. 4
d. 6

A

B.
An initiating tribunal of NYS shall forward 3 COPIES of the petition….

48
Q

FCA 5B, 580-307 Among the duties which a support enforcement agency has is to send a copy of any written communication from a respondent or respondent’s or respondent’s attorney to the other side within ____
a. 5 days of receipt (exclusive of Saturdays, Sundays, and
legal holidays).
b. 10 days of receipt (exclusive of Saturdays, Sundays, and
legal holidays)
c. 1 business days of receipt
d. 20 days

A

B.
…to the other side within 10 DAYS OF RECEIPT (EXCLUSIVE OF SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS)

49
Q

FCA 5B, 580-602 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

…tribunal in NYS 2 COPIES, INCLUDING 1 CERTIFIED, OF ALL ORDERS TO BE REGISTERED

50
Q

FCA 5B, 580-201 In support and paternity proceedings, the FC in NYS may exercise personal jurisdiction over a non-resident 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 only
b. 1,2 & 3 only
c. 2,3 & 4 only
d. 1, 2, 3 & 4

A

D. ALL

51
Q

FCA 5B, 580-205 Generally, FC of NYS has continuing exclusive original jurisdiction over child support order it has issued:
1. as long as it remains the residence of obligor, or the individual obligee, or the child, okr
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. only 1 is correct
b. only 2 is correct
c. both 1 & 2 are correct
d. neither 1 nor 2 are correct

A

C.
BOTH 1 & 2 ARE CORRECT

52
Q

FCA 5B, 580-101 Support enforcement agency means public official or agency authorized to seek
1. enforcement of orders of support or laws relating to the duty of support
2. establishment or modification of child support
3. determination of parentage or to locate obligors or their assets.
a. 1 & 2 only
b. 1 & 3 only
c. 2 & 3 only
d. 1, 2 & 3

A

D.
ALL 3

53
Q

FCA 5B, 580-207 The party obtaining the 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 (11 decks)

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