Secured Reversal Of Denial Of Child Support Objections

Matter of Juliya V. v Aleksandr V., 170 AD3d 530 (1st Dept 2019)

In this child support matter, I secured a reversal for my client whose objections to several orders of the Support Magistrate were denied on procedural grounds and not on their merits.  The First Department accepted my argument that pursuant to Family Court Act § 439 (e), petitioner was required to serve her objections to the May 19, 2017, order within 35 days of its mailing. Despite the Family Court’s assertion that the order was mailed on May 25, 2017, there is no evidence in the record to support this. Petitioner submitted a copy of an envelope stamped “May 31, 2017,” in which she asserts the order was mailed, making petitioner’s objections, filed July 3, 2017, timely as a matter of law.  As I argued, given the absence of any other evidence in the record, and of opposition to this appeal, the envelope is accepted as unrebutted.

The Court also accepted my argumenta that with regard to the issue of petitioner’s service of her objections to the November 2, 2016 order of the Support Magistrate, respondent was assigned counsel purely for the violation petition and not for the support petition, as there is no right to assigned counsel for support matters and as such, respondent was pro se on the issue of support, and petitioner’s service on him was appropriate (CPLR 2103 [c]).

http://www.nycourts.gov/reporter/3dseries/2019/2019_02031.htm