Mothers Support Violation Petition Dismissed

Mothers Support Violation Petition Dismissed 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.


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.