You are here: / / DEFENDANT MOTHER, WHO SUCCESSFULLY OBTAINED AN ORDER REQUIRING PLAINTIFF...

DEFENDANT MOTHER, WHO SUCCESSFULLY OBTAINED AN ORDER REQUIRING PLAINTIFF TO PAY CHILD SUPPORT, WAS JUDICIALLY ESTOPPED FROM ARGUING PLAINTIFF WAS NOT A PARENT FOR THE PURPOSE OF VISITATION.

The Second Department, reversing Family Court, determined defendant mother was judicially estopped from arguing plaintiff was not a parent for the purpose of visitation. Defendant had previously successfully obtain an order requiring plaintiff to pay child support:

The defendant was judicially estopped from arguing that the plaintiff was not a parent for the purpose of visitation. First, by asserting in her child support petition that the plaintiff was chargeable with support for the subject child, the plaintiff assumed the position before the Family Court that the plaintiff was the subject child’s parent, as it is parents who are chargeable with the support of their children (see Family Ct Act § 413[1][a]). Next, based on her assertion that the plaintiff was chargeable with the subject child’s support, the defendant successfully obtained an order compelling the plaintiff to pay child support for the subject child … . Under this order, the plaintiff was required to pay child support for his children, including the subject child. Furthermore, the record does not support the court’s finding that the defendant unequivocally waived the right to child support. Therefore, the defendant is judicially estopped from arguing that the plaintiff is not a parent for the purpose of visitation … . Paese v Paese, 2016 NY Slip Op 07304, 2nd Dept 11-9-16

FAMILY LAW (DEFENDANT MOTHER, WHO SUCCESSFULLY OBTAINED AN ORDER REQUIRING DEFENDANT TO PAY CHILD SUPPORT, WAS JUDICIALLY ESTOPPED FROM ARGUING DEFENDANT WAS NOT A PARENT FOR THE PURPOSE OF VISITATION)/VISITATION (DEFENDANT MOTHER, WHO SUCCESSFULLY OBTAINED AN ORDER REQUIRING DEFENDANT TO PAY CHILD SUPPORT, WAS JUDICIALLY ESTOPPED FROM ARGUING DEFENDANT WAS NOT A PARENT FOR THE PURPOSE OF VISITATION)/CHILD SUPPORT (DEFENDANT MOTHER, WHO SUCCESSFULLY OBTAINED AN ORDER REQUIRING DEFENDANT TO PAY CHILD SUPPORT, WAS JUDICIALLY ESTOPPED FROM ARGUING DEFENDANT WAS NOT A PARENT FOR THE PURPOSE OF VISITATION)/JUDICIAL ESTOPPEL (FAMILY LAW, DEFENDANT MOTHER, WHO SUCCESSFULLY OBTAINED AN ORDER REQUIRING DEFENDANT TO PAY CHILD SUPPORT, WAS JUDICIALLY ESTOPPED FROM ARGUING DEFENDANT WAS NOT A PARENT FOR THE PURPOSE OF VISITATION)

You might also like
THE FACT THAT THE ARBITRATOR MADE ERRORS OF LAW DID NOT AFFECT THE VALIDITY OF THE AWARD BECAUSE THERE WAS A RATIONAL BASIS FOR THE RULING; ARBITRATION AWARDS ARE LARGELY UNREVIEWABLE (SECOND DEPT).
Where It Is Possible Jurors Relied On an Illegal Ground a General Verdict Must Be Set Aside, Even If Alternative Legal Grounds Were Provided to the Jury
THE DEFAULTING DEFENDANT WHOSE ANSWER HAD BEEN STRUCK WAS NOT ENTITLED TO FURTHER DISCOVERY PRIOR TO THE INQUEST ON DAMAGES (SECOND DEPT).
PROCESS SERVER’S AFFIDAVIT OF SERVICE WAS REBUTTED BY SUFFICIENT EVIDENCE TO WARRANT A HEARING ON WHETHER DEFENDANT WAS SERVED WITH THE SUMMONS AND COMPLAINT IN THIS FORECLOSURE PROCEEDING (SECOND DEPT).
FAMILY COURT SHOULD HAVE APPOINTED MOTHER GUARDIAN OF THE JUVENILE, DISPENSED WITH SERVICE ON FATHER, AND MADE FINDINGS TO ALLOW THE JUVENILE TO APPLY FOR SPECIAL JUVENILE IMMIGRATION STATUS (SJIS); ALL OF THE COMPLICATED, INTERTWINED STATUTORY LAW EXPLAINED (SECOND DEPT).
PETITIONER REQUESTED AND WAS ENTITLED TO AN EMPLOYEE ASSISTANT TO HELP PREPARE A DEFENSE; DETERMINATION ANNULLED (SECOND DEPT).
Police Had “Reasonable Suspicion” Justifying Only Forcible Detention of the Defendant to Conduct a Brief Investigation—Arrest of the Defendant in the Absence of Probable Cause Required Suppression of Defendant’s Statement
BECAUSE A CONTEMPORARY REPORT PROVIDED THE CITY WITH NOTICE OF THE NATURE OF THE SLIP AND FALL, THE PETITION FOR LEAVE TO FILE A LATE NOTICE OF CLAIM SHOULD HAVE BEEN GRANTED, DESPITE THE LACK OF A REASONABLE EXCUSE FOR FAILING TO TIMELY FILE (SECOND DEPT). ​

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2026 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

DEFENDANT HAD STANDING TO CONTEST THE SEARCH, MATTER REMITTED FOR A SUPPRESSION... WHEN PARENTS HAVE EQUAL PARENTING TIME, THE PARENT WITH THE HIGHER INCOME SHOULD...