Suffolk County Department of Social Services v. Dexter

Appellate Division of the Supreme Court of New York

Suffolk County Department of Social Services v. Dexter

291 A.D.2d 565, 737 N.Y.S.2d 884, 2002 N.Y. App. Div. LEXIS 1973

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

DecidedFebruary 25, 2002

StatusPublished

Cited by2 cases

This text of 291 A.D.2d 565 (Suffolk County Department of Social Services v. Dexter) 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

Suffolk County Department of Social Services v. Dexter, 291 A.D.2d 565, 737 N.Y.S.2d 884, 2002 N.Y. App. Div. LEXIS 1973 (N.Y. Ct. App. 2002).

Pincite

Opinion

In a proceeding pursuant to Family Court Act article 4 to recover arrears of child support and spousal maintenance, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Trainor, J.), entered September 8, 2000, as sustained the mother’s objections to that part of an order of the same court (Raimondi, H.E.), entered June 27, 2000, which, after a hearing, denied and dismissed that branch of the petition which was to recover a money judgment for retroactive child support and spousal maintenance.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant’s contention, the record supports the Family Court’s determination that he did not show good cause for his failure to seek modification of the 1994 support order until he sought to vacate it in August 1999. The appellant’s duty to pay spousal maintenance pursuant to the support order, which was unallocated between child support and maintenance, continued until the parties’ divorce. Therefore, the Family Court properly directed the entry of a money judgment for the retroactive support due pursuant to the order until the date of the divorce.

The appellant’s remaining contentions are without merit. Feuerstein, J.P., Krausman, Schmidt and Cozier, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

In a proceeding pursuant to Family Court Act article 4 to recover arrears of child support and spousal maintenance, the father appeals, as limited by his brief, from so much of an order of the Family Court, Suffolk County (Trainor, J.), entered September 8, 2000, as sustained the mother’s objections to that part of an order of the same court (Raimondi, H.E.), entered June 27, 2000, which, after a hearing, denied and dismissed that branch of the petition which was to recover a money judgment for retroactive child support and spousal maintenance.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Contrary to the appellant’s contention, the record supports the Family Court’s determination that he did not show good cause for his failure to seek modification of the 1994 support order until he sought to vacate it in August 1999. The appellant’s duty to pay spousal maintenance pursuant to the support order, which was unallocated between child support and maintenance, continued until the parties’ divorce. Therefore, the Family Court properly directed the entry of a money judgment for the retroactive support due pursuant to the order until the date of the divorce.

The appellant’s remaining contentions are without merit. Feuerstein, J.P., Krausman, Schmidt and Cozier, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

291 A.D.2d 565, 737 N.Y.S.2d 884, 2002 N.Y. App. Div. LEXIS 1973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/suffolk-county-department-of-social-services-v-dexter-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack