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Can a request for a modification for a final child support order hold off a divorce after spouse has already been served?

Q: I served my spouse divorce papers after having final orders on custody/child support and alimony, she summoned me for a change of visitation for Sept 23, can that delay divorce process after serving her when she has 20 days to respond? Also her orders are from the Bronx county family court while my divorce was from the supreme court Westchester county? Will they merge the cases?

A: David’s Answer: Generally the courts encourage all cases to be heard before the same Judge in the same court. That said, you would technically need to file a motion to consolidate the Family Court case into the Divorce case – nothing will happen “automatically.” Schedule a consult with a Westchester Uncontested Divorce attorney for a full assessment.

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