Kairey v Hirsch
Attorneys and Parties
Brief Summary
Family law—divorce and child support; confirmation of a religious arbitration (Bet Din) award setting the duration of child support beyond age 21.
The Supreme Court, Kings County denied confirmation of the portion of the arbitration award that set child support to age 24 and modified it to end at age 21.
The modification limiting the defendant’s child support obligation to age 21 was reversed; the award’s duration term (support until age 24 or earlier marriage) was reinstated.
Judicial review of arbitration is extremely limited under the Civil Practice Law and Rules (CPLR) 7511 [statute providing limited grounds for vacating or modifying an arbitration award]. The award did not conflict with the Child Support Standards Act (CSSA) under Domestic Relations Law § 240(1-b) [statute setting standards for child support] and there was no evidence it was not in the child’s best interests; therefore, the motion to confirm under CPLR 7510 [statute allowing confirmation of an arbitration award] should have been granted.
Background
The parties married in November 2013. In November 2017, they agreed to binding arbitration before the Bet Din Ohr Halacha to resolve marital issues, including child support. The Bet Din issued an award on May 3, 2018, amended February 14, 2019, providing that the defendant’s child support would terminate when the child reached age 24 or married, whichever occurred first. The plaintiff commenced a divorce action in June 2018 and moved to confirm the award. By later motion practice, the Appellate Division deemed a notice of appeal from the December 8, 2020 order to be a premature notice of appeal from the ensuing judgment under CPLR 5520(c) [rule allowing a premature notice of appeal to be treated as valid].
Lower Court Decision
In an order dated December 8, 2020, the Supreme Court, Kings County denied the plaintiff’s CPLR 7510 motion to confirm the portion of the award fixing the duration of child support and modified the award so that support would end at age 21. A July 26, 2023 judgment of divorce incorporated that modification.
Appellate Division Reversal
Reversed insofar as appealed from, with costs. The Appellate Division granted the plaintiff’s motion to confirm the award’s child support duration term (support until age 24 or marriage), holding that the award was not incompatible with the objectives of the CSSA and no evidence showed it was contrary to the child’s best interests. The matter was remitted for entry of an amended judgment consistent with the reinstated award.
Legal Significance
Confirms that New York courts must give strong deference to arbitration awards in family law matters and may vacate or modify only on narrow grounds. A child support award set by arbitration—even one extending beyond age 21—will be enforced if it does not contravene the CSSA or the child’s best interests.
Trial courts may not reduce an arbitral child support duration term to age 21 absent a CSSA conflict or evidence that the term is not in the child’s best interests; the Bet Din’s award requiring support until age 24 (or earlier marriage) must be confirmed.