Quiz 3 Articles 5 and 5B

Question 1

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

Answer 1

surrogate’s court

Question 2

FCA 516 Acknowledgement of paternity may be rescinded by either party within __ days of signing by filing a petition.

Answer 2

60 days

Question 3

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

Answer 3

False

Question 4

FCA 521 Venue of paternity proceeding is ____

Answer 4

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

Question 5

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

Answer 5

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

Question 6

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

Answer 6

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

Question 7

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

Answer 7

8

Question 8

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

Answer 8

family court judge in Albany county

Question 9

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

Answer 9

false

Question 10

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.

Answer 10

true

Question 11

FCA 532 T/F? Blood genetic marker tests and DNA tests can only be ordered on motion of one of the parties.

Answer 11

false. must be ordered on motion of any party or on the courts own motion

Question 12

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.

Answer 12

True

Question 13

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

Answer 13

social security

Question 14

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):

Answer 14

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

Question 15

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

Answer 15

True

Question 16

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

Answer 16

B. surrogates court

Question 17

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

Answer 17

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

Question 18

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

Answer 18

C. putative father is domiciled (FCA 521)

Question 19

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

Answer 19

D. 8, stated for appearance (FCA 525)

Question 20

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

Answer 20

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

Question 21

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

Answer 21

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

Question 22

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

Answer 22

D. a respondent on bail or parole has appeared (FCA 526)

Question 23

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.

Answer 23

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

Question 24

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

Answer 24

False (over or under the age go majority)

Question 25

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.

Answer 25

30

Question 26

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

Answer 26

True

Question 27

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.

Answer 27

true

Question 28

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).

Answer 28

10

Question 29

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.

Answer 29

true

Question 30

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

Answer 30

True

Question 31

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.

Answer 31

False. It does not first have to be registered

Question 32

``` 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 ```

Answer 32

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)

Question 33

``` 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 ```

Answer 33

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

Question 34

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

Answer 34

true (FCA 5B, 580-304)

Question 35

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

Answer 35

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

Question 36

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.

Answer 36

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

Question 37

``` 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 ```

Answer 37

A 20...notice of registration of order (FCA 5B, 580-606)

Question 38

``` 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 ```

Answer 38

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)

Question 39

``` 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 ```

Answer 39

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)