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My EX husband Petitioned for downward modification and then withdrew his case. Can he resubmit his petition?

Q: My ex lost his job and filed for downward modification…he then withdrew the petition without letting me know nor did the court alert me. Can I claim damages?

A: David’s Answer: As it was presumably withdrawn without prejudice, he can always re-file. In terms of “damages,” you can try filing a motion for sanctions and/or counsel fees. Call a Westchester Family Law attorney for more info.

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