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Subsequent to the payment of the loan on the
Lebaron, the unallocated family support shall decrease
in the amount of $140 a week, for so long as Grove * *
* shall be present with * * * [Virginia].
* * * * * * *
All future matters of child support, custody,
visitation and maintenance shall be referred to the
Chautauqua County Family Court, to hear, determine, and
enforce.
On April 1, 1985, a final Judgment of Divorce [the Judgment]
was issued by the Supreme Court of the State of New York, County
of Chautauqua. The Judgment recited that James had withdrawn his
Notice of Appearance and permitted the action to proceed to
divorce by default. The Judgment also directed that the oral
stipulation given in open court on December 11, 1984, be merged
in to and made a part of the final Judgment. The relevant
language of the final Judgment ordered the following:
ORDERED, ADJUDGED AND DECREED, that * * *
[Virginia] shall have custody of the infant child of
the marriage, viz., RENAE [sic] * * *
ORDERED, ADJUDGED AND DECREED, that * * * [James]
shall pay to * * * [Virginia], as unallocated family
support, the sum of $200.00 per week, for so long as
the car payments are presently outstanding on * * *
[Virginia's] 1980 LeBaron automobile.
That upon the payment of the loan on the LeBaron,
the unallocated family support shall decrease to the
amount of $140.00 per week, for so long as Grove * * *
shall live with * * * [Virginia] * * * .
Subsequent to the issuance of the Judgment, James petitioned
the Chautauqua County Family Court (Family Court) to modify the
previous support order contained in the Judgment. On December
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Last modified: May 25, 2011