Sanders v. Johnson

Appellate Division of the Supreme Court of New York

Sanders v. Johnson

279 A.D.2d 332, 718 N.Y.S.2d 844, 2001 N.Y. App. Div. LEXIS 422

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 16, 2001

StatusPublished

This text of 279 A.D.2d 332 (Sanders v. Johnson) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sanders v. Johnson, 279 A.D.2d 332, 718 N.Y.S.2d 844, 2001 N.Y. App. Div. LEXIS 422 (N.Y. Ct. App. 2001).

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Opinion

Order, Family Court, Bronx County (David Victor, H.E.), entered on or about December 1, 1999, which denied petitioner’s application for support arrears under a support order dated December 13, 1983, unanimously affirmed, without costs.

We reject petitioner’s argument that if it is against public policy to waive future child support, then it should be against public policy to waive the right to collect child support arrears. The parties’ March 23, 1993 stipulation, in which they settled a proceeding brought by petitioner to collect child support arrears due under the 1983 support order with mutual waivers of any right to child support and a transfer of the child’s custody to respondent, is not against public policy insofar as past support was waived (cf., Dox v Tynon, 90 NY2d 166, 174). Nor does the stipulation fail for lack of consideration. Concur— Nardelli, J. P., Williams, Tom, Wallach and Friedman, JJ.

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Order, Family Court, Bronx County (David Victor, H.E.), entered on or about December 1, 1999, which denied petitioner’s application for support arrears under a support order dated December 13, 1983, unanimously affirmed, without costs.

We reject petitioner’s argument that if it is against public policy to waive future child support, then it should be against public policy to waive the right to collect child support arrears. The parties’ March 23, 1993 stipulation, in which they settled a proceeding brought by petitioner to collect child support arrears due under the 1983 support order with mutual waivers of any right to child support and a transfer of the child’s custody to respondent, is not against public policy insofar as past support was waived (cf., Dox v Tynon, 90 NY2d 166, 174). Nor does the stipulation fail for lack of consideration. Concur— Nardelli, J. P., Williams, Tom, Wallach and Friedman, JJ.

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Bluebook (online)

279 A.D.2d 332, 718 N.Y.S.2d 844, 2001 N.Y. App. Div. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-johnson-nyappdiv-2001.

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