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Keywords

jurisdictionappealtrialmotiondivorce
jurisdictionappealtrialmotiondivorce

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Roy, Matter of

Facts

The wife was awarded support, and the husband took an appeal that he subsequently dismissed because the wife had instituted divorce proceedings in a different court. The husband moved to vacate the support award on the ground that the institution of divorce proceedings divested the trial court of jurisdiction. The trial court denied his motion, and he challenged the decision.

The wife was awarded support, and the husband took an appeal that he subsequently dismissed because the wife had instituted divorce proceedings in a different court. The husband moved to vacate the support award on the ground that the institution of divorce proceedings divested the trial court of jurisdiction. The trial court denied his motion, and he challenged the decision.

Issue

Whether Family Court is divested of subject matter jurisdiction over a properly commenced support proceeding when petitioner thereafter commences a matrimonial action in Supreme Court while the support proceeding is pending in Family Court.

Whether Family Court is divested of subject matter jurisdiction over a properly commenced support proceeding when petitioner thereafter commences a matrimonial action in Supreme Court while the support proceeding is pending in Family Court.

Rule

The Constitution vests Family Court with original jurisdiction over proceedings for 'the support of dependents except for support incidental to actions and proceedings in this state for marital separation, divorce, annulment of marriage or dissolution of marriage'.

The Constitution vests Family Court with original jurisdiction over proceedings for 'the support of dependents except for support incidental to actions and proceedings in this state for marital separation, divorce, annulment of marriage or dissolution of marriage'.

Analysis

The court held that the commencement of the subsequent matrimonial action does not divest Family Court of subject matter jurisdiction and that, therefore, its order of support is not void. The court reasoned that since no matrimonial action was pending at the time the support petition was filed, Family Court had jurisdiction to entertain the petition.

The court held that the commencement of the subsequent matrimonial action does not divest Family Court of subject matter jurisdiction and that, therefore, its order of support is not void. The court reasoned that since no matrimonial action was pending at the time the support petition was filed, Family Court had jurisdiction to entertain the petition.

Conclusion

The court affirmed the denial of the husband's motion to vacate the support order.

The court affirmed the denial of the husband's motion to vacate the support order.

Who won?

The petitioner wife prevailed in the case because the court found that the Family Court retained jurisdiction over the support proceeding despite the husband's subsequent divorce action.

The petitioner wife prevailed in the case because the court found that the Family Court retained jurisdiction over the support proceeding despite the husband's subsequent divorce action.

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