A New York appellate court has reversed a lower court's decision regarding child support obligations stemming from a foreign divorce judgment. The ruling affects Winston R. Sanabia Alvarez and Leiny M. Jaquez Rubiera, who share a child. This case highlights the complexities of enforcing foreign divorce judgments in the United States.

The court's decision, issued on June 24, 2026, is significant because it confirms the validity of a Dominican Republic divorce judgment that mandates child support payments. The ruling ensures that the mother, Leiny M. Jaquez Rubiera, can pursue child support arrears and seek an upward modification of the father's support obligation.

Background

The parties involved in this case are Winston R. Sanabia Alvarez and Leiny M. Jaquez Rubiera. They were divorced in July 2016 by a court in the Dominican Republic. The divorce judgment required Alvarez to make monthly child support payments to Rubiera.

In November 2021, the Dominican court issued an order for Alvarez to pay Rubiera for unpaid support arrears that had accumulated from August to November 2021. After moving to the United States, Rubiera registered the divorce judgment for enforcement in Florida and later in Westchester County, New York, in June 2024. She also filed a petition for child support arrears and an upward modification of Alvarez's child support obligation.

In response, Alvarez petitioned to vacate the registration of the divorce judgment. The Family Court, under Support Magistrate Rosa Cabanillas-Thompson, granted Alvarez's petition in September 2024, dismissing Rubiera's claims as academic. Rubiera objected to this decision, leading to the appeal.

The Ruling

The Appellate Division of the Supreme Court of New York ruled in favor of Rubiera, reversing the Family Court's previous order. The court confirmed the registration of the foreign divorce judgment, stating, "the father's petition to vacate the registration of the foreign judgment of divorce is denied, the registration of the foreign judgment of divorce is confirmed."

The ruling emphasized that Alvarez failed to establish any valid defenses against the registration of the divorce judgment. The court noted, "the father failed to establish enumerated defenses pursuant to Family Court Act § 580-607(a)(3), (6), and (8)." This means that the court found no legal basis for Alvarez's request to vacate the registration.

Impact

This ruling has important implications for both parties. It confirms the enforcement of the Dominican Republic's divorce judgment, allowing Rubiera to pursue her claims for child support arrears and seek an increase in the support payments. The decision underscores the effectiveness of the Uniform Interstate Family Support Act (UIFSA), which facilitates the enforcement of child support orders across state and international lines.

The court's ruling sets a precedent for how foreign divorce judgments can be enforced in New York. It clarifies that a party contesting such a judgment must provide substantial evidence to support their claims. In this case, Alvarez's failure to establish a valid defense means that Rubiera's rights to child support are upheld.

What's Next

The case will now return to the Family Court in Westchester County for further proceedings. Rubiera's petitions for child support arrears and an upward modification of Alvarez's child support obligation will be addressed. It is unclear if Alvarez will appeal this decision, but the ruling does not preclude further legal actions.