Rubenstein v. Yosef

In Rubenstein v. Yosef (198 A.D.2d 359 [2d Dept 1993]), the Supreme Court, Appellate Division, specifically determined that in the absence of a superceding order issued in the Supreme Court action, Family Court was free to consider the mother's enforcement petition. In that case, the Court made clear that the Family Court is divested of its jurisdiction to entertain a new proceeding for child support or custody when a pending matrimonial action is in existence, but where the prior order of Family Court precedes the divorce action, enforcement proceedings may be heard.