Goulding v. Goulding

Appeal by the father from an order of the Family Court, Suffolk County (Bernard Cheng, J.), dated October 17, 2016. The order denied the father’s objections to an order of that court (Aletha V. Fields, S.M.), dated February 11, 2016, which, after a hearing, found that he was in willful violation of a prior order of that court directing payment of child support.

Ordered that the order dated October 17, 2016, is affirmed, without costs or disbursements.

The mother commenced this proceeding pursuant to Family Court Act article 4 against the father, alleging that he was in willful violation of a child support order. Following a hearing, the Support Magistrate issued an order, dated February 11, 2016, inter alia, finding that the father was in willful violation of the order of support. The Support Magistrate referred the matter to a Judge of the Family Court for confirmation pursuant to Family Court Act § 439 (a), and recommended that the

The father failed to pursue his sole remedy, which was an appeal from the order of commitment dated February 11, 2016, entered upon confirmation of the Support Magistrate’s determination (see Matter of Flanagan v Flanagan, 109 AD3d 470 , 471 [2013]; Matter of Dakin v Dakin, 75 AD3d 639 , 640 [2010]; Matter of Roth v Bowman, 245 AD2d 521 , 522 [1997]). Since the father improperly filed objections to the nonfinal order of the Support Magistrate, the Family Court correctly denied his objections (see Matter of Ceballos v Castillo, 85 AD3d 1161 , 1163-1164 [2011]; Matter of Dakin v Dakin, 75 AD3d at 640 ).

Rivera, J.R, Cohen, Hinds-Radix and Brathwaite Nelson, JJ., concur.