Breach of Contract

[Joey1832]

What is the name of your state? New York

I seperated from my wife in January.
We entered into a written seperation aggreement.
I was paying her monthly child support and spousal maintnance up until August when the custody of my children were parolled to me by family court.
We are currently in Supreme Court finalizing Divorce.
We are currently putting before the court all issues of custody and financial arguments.
My wife decides, in the middle of this, to file a claim in Small Claims Civil Court, for Moneys Owed ..Breach of Contract.

1) Can she sue me in small claims court for the same thing we a lidigating in Supreme Court?
2) If not, can you point me to a law that says that somewhere?

Joe

 

[BelizeBreeze]

And DO you owe her monies under the agreement?

 

[Joey1832]

As per August I am current, the children have been in my custody since then...I have not paid her past August.

If we are agruing this before the supreme court does she have the right under law to file claim against me in small claims court?

 

[I AM ALWAYS LIABLE]

What is the name of your state? New York

I seperated from my wife in January.
We entered into a written seperation aggreement.
I was paying her monthly child support and spousal maintnance up until August when the custody of my children were parolled to me by family court.
We are currently in Supreme Court finalizing Divorce.
We are currently putting before the court all issues of custody and financial arguments.
My wife decides, in the middle of this, to file a claim in Small Claims Civil Court, for Moneys Owed ..Breach of Contract.

1) Can she sue me in small claims court for the same thing we a lidigating in Supreme Court?
2) If not, can you point me to a law that says that somewhere?

Joe

My response:

No. The Supreme Court, Family Law division, has jurisdiction over all matters concerning the marriage - - and that includes contracts between the two of you. The Small Claims judge already knows this and will dismiss her action on the ground of "lack of jurisdiction." Just mention in your responding papers, or when you're before the judge, that this issue is currently before another court. "Case dismissed".

IAAL

 

[Joey1832]

Thank You Very Much!...

Is there something that states that any where as a law or article to reference in my cross paperwork?

 

[I AM ALWAYS LIABLE]

Thank You Very Much!...

Is there something that states that any where as a law or article to reference in my cross paperwork?

My response:

Yes.

Go here: http://www.courts.state.ny.us/4jd/clinton/famctoverview.html

Remember: "Exclusive original jurisdiction".

If it's a matter that has it's origins from the marriage, then Family court has "Exclusive original jurisdiction".

IAAL

 

[Joey1832]

WOW...Thank You Very Much!...You have now idea how much you have helped me out. Have Great Holiday Season!

- Joe