Robinson v. Aspinall
Opinion of the Court
—Order, Family Court, New York County (Rhoda Cohen, J.), entered on or about November 13, 1995, which rejected the Hearing Examiner’s recommendation to dismiss the petition, granted petitioner’s application for child support retroactive to November 27, 1978, and remanded the matter to the Hearing Examiner for a determination of respondent’s liability for retroactive child support for the period of November 27, 1978 to February 1, 1989, unanimously affirmed, without costs. Leave to appeal granted sua sponte.
Family Court acted within its discretion in awarding petitioner arrears retroactive to the 1978 initial application (see, Matter of Tammy R. v Vance S., 91 AD2d 743). Personal jurisdiction was established in 1978 by the 1979 proof of service as well as by the more recent Clerk’s Certificate of Record. Contrary to respondent’s assertions, petitioner’s application for retroactive child support arrears is not barred by the Statute of Limitations, which, under these circumstances, is 20 years
Case-law data current through December 31, 2025. Source: CourtListener bulk data.