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Divorce – Criminal Court – IDV – Family Court – 2+ Years and Unresolved

November 20, 2019 By moderncourts

Emily, the custodial mother, started by filing to establish child support in Family Court. Non-custodial father signed an Acknowledgment of Paternity at birth. On the court date, the father alleged that mother was married at the time, invalidating the Acknowledgment of Paternity. Because Family Court does not have access to Supreme Court records, they had to adjourn the matter so that mother could provide the court with her Judgment of Divorce, which confirmed that the child was not a product of the marriage. The case continued, and child support was established.

Two years later, the parties are still in court. Father has filed multiple downward modifications, all of which were denied. Mother in turn has filed violations against father for nonpayment. There is also a custody and visitation matter that is still ongoing in Family Court. While all of this is going on, father pressed charges against mother for domestic violence, so now there is an ongoing case in Criminal Court. ACS also became involved, due to the Criminal Court matter, so at this point so much was going on that mother was forced to borrow money from friends and family to hire a lawyer. At no point was the case joined in IDV.

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