Legal Question in Family Law in New York

support modification jurisdiction

NY Supreme Court awarded support from a land contract sale. No additional award. Contract fullfilled before children reached 21. Spouse now seeks modification of Supreme Court Divorce Order in Family Court. I petitioned this same court a few years ago to modify support and received a dismissal for lack of jurisdiction. Now me ex has petitioned family court to modify. Should this petition also be dismissed for lack of jurisdiction? Can Family Court modify a Supreme Court Order of support?

Thank you


Asked on 1/26/05, 8:14 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: support modification jurisdiction

I can only conclude your recitation of the facts is incomplete.

If your ex files in the same court you did, and that court ruled 'no subject matter jurisdiction', then she will get the same answer. Was she properly served in your application?

If she can file in court with jurisdiction, then the facts of the land-contract and sale will be relevant. I am thinking that the support comes from income from the property and now the property ownership has been transferred.

If it was clear the property would be transferred at the time of the support order, then you will have a good defense.

I am available for a consultation for no fee.

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Answered on 1/27/05, 1:37 pm


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