Published on:

Court Rules on Petition to Modify Child Support

A New York Family Lawyer said the complainant woman alleges in a claim filed on March 2, 2012, that on December 6, 2011 the Kings County Family Court granted her petition for modification of an Order of Support by Default. The court’s order, however, was erroneously associated with an old child support account number, since a clerk of that court refused to enter an updated number. The clerk’s action resulted in the complainant’s woman not receiving monthly child support payments of $714.00. In regard to damages, the complainant woman states that she is not getting her my son’s child support payments from the support collection unit.

A New York Custody Lawyer a pre-answer motion, the defendant moves to dismiss the claim on the ground that the Family Court lacks jurisdiction over it. Specifically, the defendant contends that the County Family Court does not have the authority to review a Family Court order, and does not have the jurisdiction to award equitable relief.

A Westchester County Family Lawyer said the Court of Claims has jurisdiction only over claims for money damages against the State of New York and a limited number of other entities specifically enumerated by statute. It has jurisdiction to hear and determine a claim of any person, corporation or municipality against the state for the appropriation of any real or personal property or any interest therein, for the breach of contract, express or implied, or for the torts of its officers or employees while acting as such officers or employees, providing the claimant complies with the limitations of this article. The statute further states that the Court of Claims has jurisdiction to render judgment in favor of the claimant or the state for such sum as should be paid by or to the state. Though not entirely clear from the contents of the claim, to the extent that the complainant seek a review of another Court’s rulings, the Court of Claims does not sit in review of Family Court determinations or correct errors made in its proceedings. To the extent that claimant requests that the Family Court direct that a clerical error be corrected so that she may receive support payments in the future, and remove an employee from the Family Court, such relief is essentially equitable in nature, which the County Family Court has no jurisdiction to grant.

To the extent the claim could be construed as seeking damages from the State for the uncollected child support that has resulted from the Family Court error, it still must be dismissed. The Court of Claims does not have jurisdiction to hear damages claims based on the acts or omissions of the employees of Family Court, as they are local government officials, not employees of a state entity. Although defendant has not raised this issue, subject matter jurisdiction is non-waivable and may be considered sua sponte or one’s own will. In view of the foregoing, it is ordered that the defendant’s motion 0 be granted and that claim be dismissed.
In another court, an Article 78 proceeding was brought to prohibit the Judges of the Family Court of the County of Kings from conducting any proceedings on a juvenile delinquency complaint against petitioner. The petitioner had been charged with having taken a truck without the owner’s consent. The Kings County Supreme Court rendered a judgment granting the petition.

The Appellate Division rendered a judgment reversing on the law and the facts the judgment of the Kings County Supreme Court and dismissed the proceedings. The Appellate Division reversed on ground that the fact-finding hearing before the Judge had not been terminated and that therefore the facts did not support contention that further proceedings were barred by prohibition against double jeopardy. The petitioner appealed to the Court of Appeals. The order is affirmed, without costs, on the opinion at the Appellate division.

It is the court’s duty to make sure that all facts and figures in a proceeding are precise. If someone erroneously provided information that would greatly affect your life, a Kings County Family Lawyer together with the Kings County Child Custody Attorney from Stephen Bilkis and Associates can help you.

Contact Information