Malhan v. Secretary United States Department of State, No. 18-3373 (3d Cir. 2019)Annotate this Case
Over the past eight years, the Hudson County family court has required Malhan to pay $300,000 in child and spousal support to his putative ex-wife, Myronova. Malhan claims that New Jersey officials violated his federal rights when they failed to reduce his support obligations after he was awarded custody of their two children and Myronova obtained a job that pays more than his own. The district court dismissed Malhan’s second amended complaint, holding that it lacked jurisdiction under the Rooker-Feldman doctrine and that to the extent it had jurisdiction, it declined to exercise it under Younger v. Harris. The Third Circuit affirmed in part and reversed in part. Malhan does not complain of injuries caused by a state court judgment; none of the interlocutory orders in Malhan’s state case are “judgments.” Rooker-Feldman does not apply when state proceedings have neither ended nor led to orders reviewable by the U.S. Supreme Court. With respect to “Younger abstention,” the court noted that Malhan’s wife, not the state, began the family court case. The case has not sought to sanction Malhan for wrongdoing, enforce a parallel criminal statute, or impose a quasi-criminal investigation. Malhan is not trying to “annul the results” of a past garnishment.