The four Judicial Departments have now adopted three disparate rules of law with regard to the proper procedural course required to obtain review of a child support provision contained in a stipulation of settlement or agreement, incorporated by reference into a judgment or order, which is violative of DRL §240[1-b](h) or FCA §413[1][g].
While the First Department has determined that a non-compliant child support provision can only be set aside by plenary action, the Second Department has ruled that such an order can be set aside by plenary action or by motion within an enforcement proceeding; both the First and Second departments have enforced (purportedly) non-compliant child support provisions where the payor has failed to follow the specified procedural requirements.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
