Hunter v. Traynor

OPINION OF THE COURT

Robert B. Wiggins, J.

This case presents the issue of the effect that Family Court Act § 451 (3) (a) has on a modification petition filed by a parent who has been incarcerated since entry of the prior support order. I find that the Support Magistrate erred in failing to conduct a hearing to determine whether there was a sufficient change in circumstances to warrant a modification of petitioner’s support obligation.

L

Petitioner filed the instant petition seeking modification of a support order entered August 19, 2013 requiring him to pay $59 per month for basic child support…