MUST OBJECT IN ORDER TO APPEAL
Back in August 2018, dad was ordered to make child support payments of $195 a week. When he later received an inheritance of about $106,000, the mother asked the Columbia County Family Court to increase his support obligation.
In December 2020, after a magistrate ordered the father to pay $238 a week, (retroactive to November 27, 2020), and made both parties equally responsible for “education and unreimbursed health-related expenses,” the dad filed objections, but the mother inexplicably remained silent. When the Family Court dismissed the dad’s objections, and upheld the magistrate’s directives, the mother appealed.
On its review of the case, the Appellate Division, Third Department, thought the mom lacked the requisite standing to appeal. Among other things, since she did not file an objection to the December 2020 order, the Family Court could only consider the arguments made by the dad. And because she won an upward modification, the AD3 didn’t think she was “aggrieved,” as the determination did not “adversely” affect her interests.
Think she objected to that?
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DECISION