In this case a mother brought a support violation case the father in Nassau Family Court before Support Magistrate Sandra Toscano. Mother’s petition alleged Father had violated his obligations to pay child support. She also claimed he did not pay his pro rata share of educational expenses and child care pursuant to a prior court order. Father moved to dismiss mothers application. He claimed she failed to attach a copy of the parties 2008 child support agreement which established he did not owe her any arrears for child support. He also argued that Mother’s petition should be dismissed due to latches (the issue was too old) and equitable distribution (it had already been decided).
The Court’s Reasoning and Decision
Mother claimed the parties 2004 stipulation stated any further agreement had to be endorsed by a court or was considered non-binding. The 2008 agreement which reduced the Fathers child support was not “so-ordered” by a court, and the court held was therefore not binding. Father’s claim based on this agreement had to be dismissed. Support Magistrate Toscano also held the defenses of latches and equitable could not be brought in this proceeding with regard to the issue of child support arrears. However, Magistrate Toscano did dismiss the Mother’s petition for child support, child care expenses and educational expenses because she didn’t comply with due process. Support Magistrate Toscano held that the petition lacked the requisite specificity required to give father due process by affording him the ability to prepare and present an adequate defense. Since Mother’s petition did not have the adequate specificity it was dismissed.
Conclusion
This is a victory by a Father, not on the merits but based on violations of legal procedure by the Mother when she failed to adequately present a petition which met the statutory requirements.
A wife had brought a proceeding in Nassau County which was heard before Court Attorney Referee Marie F. McCormick. The wife presented arguments that the 
Elliot S. Schlissel, Esq. is a 
Parties to divorce cases should not during the course of the divorce discuss these proceedings with their children. However, after the divorce is concluded there is some information that should be passed on to children.
In a case in Suffolk County, New York, before Judge Paul Hensley who sits in the Family Court a father objected to an order made by a Support Magistrate that dismissed his petition for a 
In the State of New York the parties seeking to be divorced can file for a 
In a case in the Family Court before Judge Michael Milsap sitting in the Bronx County ACS had filed a petition against the mother. The petition claimed the children were neglected by the mother. The petition alleged that the children were neglected because the mother allowed the children to be present when a significant other engaged in domestic violence against her.
In a case before Justice Jeffrey Goodstein, who sits in the divorce Supreme Court part in Nassau County, a husband brought an application to set aside a provision in a 2017 court decision after trial awarding a wife a $226,042.00 money judgment for support arrears. He also sought to modify the court’s decision crediting him for $200,907.68 in support payments. The court allegedly failed to give him the appropriate credit among other things.
