Legal Opinion

John M.S. v. Bonni L.R.

Appellate Division of the Supreme Court of the State of New York

Decided March 14, 2008PublishedCited by 3 opinions

1Opinion of the Court

Memorandum: Respondent mother appeals from an order denying her objections to an order enforcing that part of a prior support order allocating the income tax dependency exemption for the parties’ child to petitioner father pursuant to the parties’ stipulation. We agree with the mother that Family Court lacks subject matter jurisdiction to enforce that part of the support order. “Family Court is a court of limited jurisdiction, [and] it cannot exercise powers beyond those granted to it by statute” (Matter of Howard v Janowski, 226 AD2d 1087,1087 [1996]; see also Kleila v Kleila, 50 NY2d 277,…

2Cases cited3 opinions

  1. Kleila v. KleilaNew York Court of Appeals · 1980
  2. Iseman v. IsemanAppellate Division of the Supreme Court of the State of New York · 1975
  3. Howard v. JanowskiAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by3 opinions

  1. Warner v. WarnerAppellate Division of the Supreme Court of the State of New York · 2012
  2. In re Kaminski G.New York City Family Court · 2010
  3. Matter of Bashir v. BrunnerAppellate Division of the Supreme Court of the State of New York · 2019

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