New York Divorce Lawyer Blog
In New York’s family court, missing a single procedural step can mean the difference between having your voice heard and having your objections dismissed outright. This is especially true in child and spousal support matters, where orders for payment are legally binding and strictly enforced. When a party fails to pay what they owe, the consequences can include steep judgments, wage garnishments, and even incarceration. However, those consequences can be difficult to challenge if the proper procedures are not followed, as illustrated in a recent New York decision. If you want to enforce or challenge a support order in New York, it is vital to work with an experienced family law attorney who can ensure your rights are protected at every step.
History of the Case
It is reported that the parties were divorced by a judgment entered in 2016, which directed the father to pay both child support and spousal support to the mother retroactively to mid-2011. Several years later, the mother initiated a violation proceeding under Article 4 of the Family Court Act, alleging that the father had failed to meet his support obligations for a significant period of time. Specifically, she sought enforcement of unpaid support accruing from June 24, 2011, through February 1, 2019.
Allegedly, after a full hearing, the Support Magistrate found that the father had willfully violated the existing support order and issued a directive for a monetary judgment. The judgment entered in favor of the mother totaled $85,769.35 in unpaid support.
It is alleged that the father attempted to challenge the Support Magistrate’s determination by filing formal objections, as allowed under Family Court Act § 439(e). However, while he filed his objections with the court, he did not submit proof that he had served a copy on the mother. As a result, the Family Court denied the objections outright, emphasizing that the statutory requirements had not been met. The father then appealed.
Procedural Grounds for Dismissing Objections
On appeal, the father did not dispute that he had failed to file proof of service. The court affirmed the lower court’s decision, reiterating that the statutory language of Family Court Act § 439(e) is clear and leaves no room for discretion. The court noted that the procedural defect was sufficient, on its own, to warrant the denial of the father’s objections without consideration of their content. As such, the court affirmed the trial court’s ruling.
Talk to a Trusted New York Family Law Attorney About Protecting Your Rights
Support enforcement proceedings can have serious financial consequences, and procedural missteps can make it difficult or even impossible to assert your rights. If you are owed support or need to file objections to a support determination, it is essential to follow the law’s technical requirements to preserve your position. Attorney Ksenia Rudyuk of Rudyuk Law Firm is a New York family law attorney who regularly represents clients in New York in support enforcement and modification matters, and if you hire her, he can help you protect your interests and avoid costly mistakes. You can contact us at (212) 706-2001 or fill out our online form to schedule a consultation.