Wednesday, December 24, 2014

Is there any mechanism for getting a money judgment in Family Court for an order issued in Supreme Court?

Question: Family Court Act 460 permits a Family Court to issue a money judgment on a Family Court order, but I see no corollary for Supreme Court orders. My ex- has filed a proceeding in Family Court alleging I owe her $$$, and if I try to get a money judgment in Supreme Court for the money she owes me $$$, I'm concerned my motion will be dismissed because of the action pending in Family Court. I also don't want to pay the filing fee if I can avoid it.

David's Answer: Family Court can only grant money judgments in favor of the recipient of child support. If that's not you, you'll need to file your application in Supreme Court. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)

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