Chauvaux v. Chauvaux

This is a hearing pursuant to section 451 of the Family Court Act to determine the propriety of permitting the present parties before this court to continue to litigate an action to modify a support order. The hearing exemplifies a recurring problem in which the Commissioner of Social Services attempts to bypass the procedural requirements of the Family Court Act by appearing in an action to which he is not a party.

This action was initially commenced in 1968 when the former wife of the respondent filed a verified petition against him to enforce a support order contained in a separation…