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Q: “After almost 2 years my ex is still unwilling to agree to a divorce settlement despite the fact that we have no property, spousal support assets/debts etc. to consider. We only have child support for our 8 year old child. I wanted to know if I could ask the court based on all the discovery submitted by way of a Summary Judgment Motion, if they feel there is nothing else to considered but child support can the courts dissolve the marriage and deal with the child support issue separately at another hearing?”
A: Generally the answer is no – the purpose of a summary judgment motion is when there is “no triable issue of fact.” If child support is disputed, then by it’s very nature there is a triable issue of fact. Schedule a consult with a Bronx Divorce Attorney for a full assessment.