Legal Opinion

Jourdan v. Nettleton

New York Supreme Court

Decided January 8, 1999Published

1Opinion of the Court

OPINION OF THE COURT

Andrew V. Siracuse, J.

This case raises issues of first impression and reveals substantial and troubling inconsistencies in recent legislation regarding review of child support orders. Among the many changes contained in Laws of 1997 (ch 398) is a provision for one-time review by Child Support Enforcement Units of orders made prior to September 15, 1989. The sections authorizing this review are set out in Domestic Relations Law § 240 and Family Court Act § 413, and are functionally identical. The Domestic Relations Law section is as follows: “4. One-time adjustment of child…

2Cases cited3 opinions

  1. Brescia v. FittsNew York Court of Appeals · 1982
  2. Boden v. BodenNew York Court of Appeals · 1977
  3. Lawrence v. LawrenceAppellate Division of the Supreme Court of the State of New York · 1996

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