Silver v. Silver

Cooke, J. (dissenting).

I dissent and would hold that the Family Court does have jurisdiction.

By the clear wording of subdivision (c) of section 466 of the Family Court Act, the Family Court is empowered to entertain jurisdiction to modify a decree in those cases where a foreign court granted an award of alimony or support. There exists no basis, therefore, for the majority view that jurisdiction of the Family Court is dependent upon a showing of a "currently effective support or alimony provision”. Such a requirement may be determinative of the merits of the action, but is not relevant to a…