[Download] "Matter Madelyn Lee" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Matter Madelyn Lee
- Author : Supreme Court of New York
- Release Date : January 01, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The appellant, without authorization from a court, ceased making support payments when petitioner remarried and relocated, with the children, in Georgia. Petitioner then brought this proceeding to enforce the support provisions of the divorce decree. While a non-custodial parents support obligation may be suspended when the custodial parent removed the children to a distant location without justification (see Abraham v Abraham, 44 A.D.2d 675; Callender v Callender, 37 A.D.2d 360), such a suspension is not automatic, and depends upon the circumstances of the particular case (see Matter of Giacopelli v Giacopelli, 62 A.D.2d 999; Matter of Sawyer v Larkin, 37 A.D.2d 929). We find that in this case, petitioners relocation, which was a consequence of her remarriage, and which was not prohibited by the divorce decree, was justifiable. This relocation, while rendering visitation more expensive for appellant, did not entirely preclude the exercise of his visitation rights. Appellant was not authorized to cease making support payments without a court order (see Murza v Murza, 85 A.D.2d 687). We note that the Family Court took cognizance of the greater expense appellant now has to bear in order to exercise his visitation rights by reducing his support obligation by $20 per week, notwithstanding a moderate increase in appellants income since the time the divorce judgment was entered. Appellants argument that the Family Court lacked jurisdiction to enter a money judgment for arrears is without merit. While such jurisdiction is not explicitly conferred by section 34 of the Domestic Relations Law, it is conferred by subdivision 1 of section 460 of the Family Court Act, which is made applicable to proceedings under the Uniform Support of Dependents Law by subdivision 1 [87 A.D.2d 576 Page 577]