From Casetext: Smarter Legal Research

Matter of Fairchild v. Gretch

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 13, 1981
80 A.D.2d 724 (N.Y. App. Div. 1981)

Opinion

February 13, 1981

Appeal from the Erie County Family Court.

Present — Dillon, P.J., Hancock, Jr., Doerr, Denman and Moule, JJ.


Order unanimously reversed and application granted, without costs. Memorandum: The Erie County Department of Social Services appeals from the denial by Family Court of its request that a support order be modified to include the provision that "all payments are to be made by means of cash, money orders, certified checks or bank drafts." The department pursuant to its authority to "determine the means of payment acceptable" ( 18 NYCRR 346.8) directs all respondents to make support payment by certified check, cash or money order. There is no basis for Family Court's conclusions that the department's requirement concerning the means of payment is unreasonable and that the department lacks the authority to impose such a requirement. The department established that respondent refused to pay by any means except personal check; therefore, it was an abuse of discretion to deny the application. We note, moreover, that there is no authority in the Family Court Act for the provisions contained in the order purporting to direct the department to cease its practice of limiting the acceptable forms of payments to cash, money order or certified check and to accept personal checks (cf. Matter of Thomson, 79 A.D.2d 880; Matter of Walker v. Buscaglia, 71 A.D.2d 315).


Summaries of

Matter of Fairchild v. Gretch

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 13, 1981
80 A.D.2d 724 (N.Y. App. Div. 1981)
Case details for

Matter of Fairchild v. Gretch

Case Details

Full title:In the Matter of ROBERT M. FAIRCHILD, on Behalf of Commissioner of the…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 13, 1981

Citations

80 A.D.2d 724 (N.Y. App. Div. 1981)

Citing Cases

De Shane v. De Shane

In Matter of Toft v Beavers, the Third Department held that Family Court has no jurisdiction to compel a…

Glengariff Corp v. Snook

In addition, there are Federal and State regulations which address the issue now before the court. These…