Waiting for supreme court date

Asked about 3 years ago - Manorville, NY

I had a family court judge tell me and my x-husband to both get attorneys for a mistake in the amount of support I've been receiving for the past 4 yrs.He said the supreme court to which my divorce decree was executed would have to correct the amount before he could rule on the arrears owed to me.My lawyer filed a petition to the supreme court for a date to figure the correct amt out and since then we've had no date given yet from the supreme court.It's been 2 months and we've already had to postphone the family court date and they say no further postponements are allowed.They then(FAMILY COURT) gave us only one more court date for June 27.What if I don't get a supreme court date between now and june 27? will the family court judge throw my original petition out? My husband hasn't paid me

Attorney answers (1)

  1. Bruce A. Young

    Contributor Level 8

    Answered . Your problem highlights a long standing problem of support issues being considered in both Family Court and Supreme Court instead of one Court. Coordinating between the two courts is a problem. Remember the Family Court has limited jurisdiction so it must wait for Supreme Court. Supreme Court could hear the whole dispute if you ask for it, You might suggest the Supreme Court communicate with Family Court as to the timing of decisions and court dates to coordinate a timely remedy.

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