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Discord over Non-Compliant Child Support Orders

By Glenn S. Koopersmith
September 29, 2010

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.

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