Judge John Hunt
Husband filed objections to a support magistrate’s order that dismissed his petition seeking modification of a Family Court support order without a hearing, arguing such dismissal was erroneous. Family Court proceedings started in February 2013 when wife sought to compel husband to provide support for the parties’ children. Husband filed his supplemental petition for modification in May. The court noted both petitions were filed after the matrimonial action commenced, but before issuance of the divorce judgment by the Supreme Court. It stated once husband filed the matrimonial action in the supreme court, the issue of child support was no longer within the exclusive original jurisdiction of the family court, and the magistrate no longer had authority to enter any child support order on the mother’s petition. Thus, while the issue of jurisdiction was apparently raised while the case was before the magistrate, the final outcome was the issuance of a purported final order of the support by the magistrate which contained additional terms not contained in the divorce judgment. Hence, the magistrate’s order was void ab initio, and husband’s objections to the proper dismissal of his supplemental petition were denied.
