New York Family Law Blog
A New York Family Lawyer child support proceedings pursuant to Family Court Act article 4, appellant appeals from (1) an order of the Family Court, Nassau County, which, inter alia, directed him to pay child support arrears in the amount of $5,000 and continued a prior order, obligating him to pay child support in the amount of $800 per month, (2) an order of the same court, which committed him to the Nassau County Correctional Facility for a period of six months for his wilful violation of the order, and denied him the opportunity to purge his sentence, (3) an order of the same court, which denied his motion to stay all proceedings before the Support Magistrate pending a ruling on his motion to disqualify the Support Magistrate, (4) an order of the same court, which denied his motion, among other things, for leave to reargue his motion, inter alia, to expunge his record of incarceration and to impose a sanction on the attorney for the petitioner, which was denied in a prior order of the same court, (5) stated portions of an order of the same court, which denied those branches of his motion, among other things, which were, in effect, to transfer the matter from the Family Court, Nassau County, to the Supreme Court, Nassau County, and for the recusal of the Judge, and (6) an order of the same court which denied his motion to hold nonparty in contempt of court for failure to comply with a subpoena.
A New York Child Custody Lawyer said that the appellant contends that the Family Court erred in adjudicating him in contempt of court and in directing that he be incarcerated for a period of six months. The appellant’s contentions are without merit. This issue is not rendered academic by reason of the appellant’s subsequent payment of all child support arrears, which resulted in his release. To the extent that a case may be construed as holding otherwise, it should not be followed. Specifically, the appellant never challenged the amount of arrears owed or the validity of the underlying child support order. The appellant’s failure to pay child support pursuant to a lawful order constituted prima facie evidence of a wilful violation.
The appeal from so much of the order, as determined that there would be no opportunity for the appellant to purge himself of the contempt must be dismissed as academic in light of the appellant’s concession that he was, in fact, released from jail approximately one week after his incarceration, upon full payment of the child support arrears.
A Westchester County Family Lawyer said the Family Court properly denied that branch of the appellant’s motion which was, in effect, to transfer the matter from the Family Court, Nassau County, to the Supreme Court, Nassau County, as such transfers are expressly prohibited.
The Family Court properly denied the appellant’s motion to adjudicate nonparty in contempt, as there is no evidence in the record establishing that non party failed to comply with the terms of the Family Court’s prior discovery order, from which no appeal was taken.
A Suffolk County Family Lawyer said the order, which denied the appellant’s motion to stay all proceedings before the Support Magistrate pending the outcome of a motion to disqualify the Support Magistrate, was signed by a Judge of the Family Court who voluntarily recused himself by order. However, records of the Family Court indicate that the appellant’s motion was previously denied, with the appellant in attendance, well before the Family Court’s recusal. While it is unclear as to why the Family Court’s ruling was not reduced to writing, it cannot be said that the Family Court was without jurisdiction to issue the order. The appellant’s claim that the order of the same court, was invalid for lack of jurisdiction is equally unavailing. Contrary to the appellant’s contentions, the fact that the order bears the same date as the Family Court’s order of voluntary recusal does not establish that the order was issued without jurisdiction.
In another case, a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Suffolk County which denied his objections to an order of the same court, inter alia, denying his cross petition for downward modification of his child support obligation, continuing an order of support, directing him to pay child support in the sum of $169.38 per week, and authorizing the entry of a money judgment for arrears in the sum of $1,019.64. The Court ORDERED that the order, is affirmed, with costs.
A Long Island Family Lawyer said the appellant failed to meet his burden of establishing a substantial change of circumstances not of his own making, warranting a downward modification of his child support obligation.
The obligation to support another should be coincided with the ability the person giving it. Here in Stephen Bilkis and Associates, our Nassau County Child Support lawyers determine the amount of support which a person is entitled and the amount on which a person is capable of giving. Call our Nassau County Family attorneys now for other family related concerns.