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Laws-info.com » Cases » New York » Fam Ct, Onondaga County » 2011 » Matter of J.L. v D.L.
Matter of J.L. v D.L.
State: New York
Court: New York Northern District Court
Docket No: 2011 NY Slip Op 51768(U)
Case Date: 09/28/2011
Plaintiff: Matter of J.L.
Defendant: D.L.
Preview:[*1]


Decided on September 28, 2011
Family Court, Onondaga County

xx/11
Petitioner, pro se; respondent, pro se. Michael Hanuszczak, J.
On September 1, 2011, the petitioner filed "Objections to Order," concerning an Order of Dismissal which was filed and entered on August 1, 2011. The petitioner did not file an Affidavit of Service of the Objection upon the respondent. On September 15, 2011, the Court received a Rebuttal from the respondent together with an Affidavit of Service of the Rebuttal upon the petitioner.
The petitioner objects to the Support Magistrate's dismissal of his July 7, 2011 petition to vacate the registration of a "Court Action Order," dated March 23, 2011, issued by the Hon. Anthony F. Pichera, Jr. of New Jersey. The petition to vacate was filed in accordance with the Uniform Interstate Family Support Act (UIFSA) which is codified under New York State law under Article 5-B of the Family Court Act (Sections 580-101 through 590-905). Under UIFSA, after a party files an application to register an out-of-state support order, the opposing party is notified by the Family Court that he or she has twenty days to contest the validity or the enforcement of the support order by filing a petition to vacate the registration.
In the petitioner's case, the Onondaga County Family Court sent a Notice of Registration dated June 20, 2011 concerning the registration of a "Court Action Order," dated March 23, 2011 and issued by the Hon. Anthony F. Pichera, Jr. of the Superior Court of New Jersey, Chancery Division, Family Part for Somerset County. The petitioner, who resides in Skaneateles, New York, filed a petition on July 7, 2011 in Onondaga County Family Court to vacate the registration, alleging that the support order was obtained by fraudulent means and that he had made partial or full payment of the required support amount.
The March 23, 2011 New Jersey order found that the petitioner had violated a November 29, 2010 order in which Judge Pichera directed the petitioner to pay support arrears amassed under previous court orders and which set forth a mandatory payment schedule. In addition, Judge Pichera denied his application for relief from the support order based upon his failure to comply with court
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