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What’s The Term I Need To Say The Court Unfairly Issued An Outcome That Wasn’t Requested? Not “unjustly Enriched” But Like That?

| Jan 8, 2016 | Uncategorized

Q: I am filing an objection to an order & decision of a support magistrate in Westchester County, NY. My deadline is Wed. Jan. 6th! The order & decision was combined for “judicial economy” so 2 petitions are inter-twined. Mine, a wilfull violation of non payment of child support, & my ex’s, a modification of a support order, stating our child was no longer living w/me & WAS living w/my ex, & requesting a termination of child support. Neither petition requested or alleged emancipation, yet the magistrate’s order teminates child support based on constructive emancipation. Riveting, considering her order also states that I “pay for the child’s cell phone & health insurance & regularly sends him money” AND that my ex “provided the court evidence of cash transfers to the child & payment to the college amounting to $4,065.05…& testified he has paid over $3000 for the child’s auto repair, $1,593.00 towards the child’s housing expenses & $784.00 in misc. living expenses”. Clearly the child, who is 19 & a FT college student w/NO job, is entirely dependent on his parents for support & NOT emancipated. The order also find my ex NOT in violation & dismissed my violation WITH PREJUDICE!

A: David’s Answer: You would essentially need to argue that the court was without jurisdiction to rule on a claim which was not properly before the court. Your argument would be that you were not on due notice of the allegation of emancipation and therefore were denied an opportunity to defend yourself against this claim. Fr a full assessment, schedule a consult with a Westchester family Law attorney.

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