Legal Question in Family Law in New York
A Question out of New York State.
Husband prevails in family court when the magistrate issues a favorable decision. Ex-wife files an appeal without notifying the husband. Appeals court believes that in family court she was never told she could have a lawyer ( she went pro se) and sends the case back to the same support magistrate. She grants the husbands subpoena to access the ex-wfie's bank records. 3 hours later ex-wife withdraws her petition. The court dismisses the case but not with prejudice, just dismissed.
Question: in this situation does the old family court decision stand or is it null and void as the matter was remanded to the family court? The husband was ordered to pay CPI increases by the family court when the first decision came out and he did. The money was not returned. How is that decision void then?
1 Answer from Attorneys
It is as if no petition was ever filed. However, any money collected pursuant to a support collection order is not recoverable through family court.
Your only options are to proceed in small claims court if the total is less than $5,000 or in civil court if it's less than $25,000 or in Supreme Court to recover the overpayment.
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