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Mazie v. Mazie
Citations: 77 A.D.2d 878; 430 N.Y.S.2d 672; 1980 N.Y. App. Div. LEXIS 12668
Court: Appellate Division of the Supreme Court of the State of New York; August 4, 1980; New York; State Appellate Court
A former husband appeals a Family Court order from September 7, 1979, which denied his motion to vacate a prior order from October 3, 1978. This earlier order, entered upon his default, awarded his former wife $3,286.20 for arrears in alimony and child support. The court also granted the wife permission to enter judgment against him for an amended amount of $2,866.20. The appeal arises from a petition filed by the former wife in March 1978, seeking enforcement of an automatic increase in alimony and child support, specifically requesting $421.20 in arrears. Despite the husband having already paid $420, the wife's attorney declined to withdraw the petition, indicating additional expenses would be sought, but did not amend the petition or inform the husband of these expenses. A hearing was held without the husband's presence, resulting in the order that included substantial additional expenses related to extraordinary medical and educational costs for their children. The appellate court found that the Family Court incorrectly awarded sums exceeding those specifically requested in the original petition. It ruled that a judgment based on default cannot exceed the relief sought in the underlying pleadings, and since the husband had not been made aware of the additional expenses, he could not effectively contest them. The appellate court reversed the Family Court's order, granted the motion to vacate the prior ruling, and remitted the case for a hearing where the husband could contest his liability for the excess amounts awarded.