Carella v. CollinsCarella v. Collins
Appeal from an order of the Family Court of Saratoga County (Feldstein, J.), entered December 15, 1998, which, inter alia, dismissed the application of Charles E. Collins, III, in a proceeding pursuant to Family Court Act article 4, to modify an order of child support.
Family Court’s order resolved six petitions and two supplemental applications: one by Arlene M. Carella (hereinafter petitioner), six by Charles E. Collins, III (hereinafter respondent) and one by the Saratoga County Department of Social Services (hereinafter DSS). Petitioner and respondent, who were married in 1975, are the parents of three children, two of whom were under age 21 at the time of Family Court’s order. Since their divorce in 1981, the parties have engaged in extensive litigation dealing with issues of custody, visitation, housing and support.
After holding hearings, Family Court granted some applications and denied others finding that, inter alia, respondent had willfully violated an order to pay the children’s past-due medical bills in the amount of $800, nonwillfully violated an order to pay a portion of petitioner’s utility bills, had violated no
Respondent’s initial contention that no prior order had required him to make payment for past-due medical bills to petitioner, rather than to the provider, has no merit. Although the March 12, 1987 order directed each party to pay one half of the past-due bills without stating to whom the payment was to be made, the underlying March 5, 1987 decision clearly specified that payment was to be made to petitioner and that petitioner was responsible to pay the providers. Similarly, respondent’s argument that vacatur of his obligation to pay petitioner’s utility bills should have extended to all past-due bills overlooks the fact that this Court’s finding concerning his inability to pay the expenses listed in the March 12, 1987 order (Matter of Carella v Collins,
Respondent next challenges Family Court’s conclusion that an earlier written decision, dated April 22, 1986, was an enforceable court order even though not identified as such. This decision stated that respondent was obligated to provide housing to petitioner and the parties’ children until all the children were 21 years old or emancipated. While it may have been in-artful for the court to denominate the document a “Decision” on its first page and in a cover letter, the document unambiguously communicated the court’s disposition of the matter and its penultimate paragraph stated “it is further ordered,” implying that the preceding determinations also were “ordered”. Also, since Family Court’s original orders are filed with the court’s clerk (see, Family Ct Act § 217 [2]), as was this decision, respondent’s contention that this decision is not enforceable as an order because it was never entered is meritless. Moreover, as respondent did not appeal this order, he is bound by its directions.
Respondent also contends that Family Court’s December 29, 1994 order, which continued, inter alia, respondent’s child sup
Respondent further contends, for the same reason, that the December 29, 1994 order cannot serve as the basis for suspension of his driver’s license. Where a person is brought before the court for failing to obey a lawful order of support, and the court finds that the person has failed to comply with such order, the court may exercise any of the powers of enforcement enumerated in Family Court Act § 454. Suspension of driving privileges is one such power (Family Ct Act § 454 [2] [e]). Thus, Family Court correctly held that suspension of respondent’s driver’s license could be sustained if he had been given the prescribed statutory notice because respondent had violated the December 29, 1994 order.
Respondent also argues that since he demonstrated a change of circumstances warranting modification of the April 22, 1986 order requiring him to provide housing to petitioner and his children separate from his general child support obligation, Family Court should not have extended his housing obligation until March 1, 1999.
As a court of record, Family Court may exercise its contempt power to punish a deceitful statement in appropriate circumstances (see, NY Const, art VI, § 1 [b]; Family Ct Act § 156; Judiciary Law § 753 [2]). Here, the court clearly found no basis to do so and correctly recognized that it had no jurisdiction over allegations of criminal conduct (see, NY Const, art VI, § 13). Instead, the court properly referred respondent to law enforcement officials and the District Attorney. Thus, again respondent has failed to demonstrate any grounds for us to disturb the rulings of Family Court.
Cardona, P. J., Crew III, Peters and Lahtinen, JJ., concur. Ordered that the order is affirmed, without costs.
Notes
. The record references 14 prior orders. The parties have also been before this Court on five prior occasions (Matter of Collins v Carella,
. Although this date passed over a year ago, the issue is not moot because respondent claims that he would be entitled to rent for the time he provided housing if he were not required to do so.