Rene Kathawala, of Orrick Herrington & Sutcliffe.

A Manhattan Supreme Court justice on Thursday ruled that New York's family court support magistrates have discretion over the timelines of child support cases, dealing a major blow to a proposed class action lawsuit brought by Rene Kathawala, lead pro bono counsel at Orrick Herrington & Sutcliffe.

Kathawala sued state court system leaders, including Court of Appeals Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence Marks, in 2017 on behalf of several custodial parents, mostly low-income mothers, who waited months or even years for the court to enforce final child support orders against their children's noncustodial parents.

A 2001 family court rule set a 90-day deadline for judges to resolve the enforcement cases, and the family court magistrates should follow that deadline, Kathawala said in oral arguments Thursday morning.

Justice Shlomo Hagler asked whether there are ever circumstances, such as illness affecting the custodial parent, that could delay that timeline. Kathawala acknowledged that certain circumstances could cause delays but insisted they should not be common or lengthy.

"We're not talking about 97 days, 101 days," Kathawala said. "We're talking about months, we're talking about years. You don't get to an 8-year-old case unless that 7-day window is being violated in terms of weeks, months and even years."

Lawyers representing the state court system argued that delays are often not the fault of judicial officers, noting that anyone else involved in a case is able to cause a delay. Custodial parents sometimes change their minds about wanting enforcement, too, the lawyers said.

Kathawala also argued that the state had submitted false data to Hagler about the functioning of the family courts, which the government attorneys denied.

Hagler said he understood that child support is an urgent matter for the custodial parents and especially for their children, but he said there's debate over whether the 90-day timeline laid out in the family court rule is meant literally.

Kathawala said he was deeply disappointed by Hagler's bench ruling and plans to appeal.

A spokesman for the state court system released a brief statement praising the ruling Thursday afternoon.

"We are pleased that the Justice Hagler agreed with our position and saw this lawsuit for what it was," the statement said.

READ MORE:

Rights of Children in NY Family Courts Set for Legislative Public Hearing

Women in New York Now Allowed to Postpone Jury Duty While Breastfeeding

Filing Interlocutory Appeals in Child Custody Cases