981 A.2d 561 (Del.Fam.Ct. 2008), CS02-04531, Arroyo v. Arroyo

Docket Nº:CS02-04531, CS02-34353.
Citation:981 A.2d 561
Opinion Judge:JONES, J.
Party Name:In the Interest of Dean ARROYO v. Jeanna ARROYO.[1]
Attorney:Seth L. Thompson, Esquire of Hudson, Jones, Jaywork and Fisher, Georgetown, DE, for Petitioner. Jeanna Arroyo, Respondent, pro se.
Case Date:December 12, 2008
Court:Family Court of Delaware
 
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Page 561

981 A.2d 561 (Del.Fam.Ct. 2008)

In the Interest of Dean ARROYO

v.

Jeanna ARROYO. 1

Nos. CS02-04531, CS02-34353.

Family Court of Delaware, Sussex.

December 12, 2008

Submission: Sept. 26, 2008.

Seth L. Thompson, Esquire of Hudson, Jones, Jaywork and Fisher, Georgetown, DE, for Petitioner.

Jeanna Arroyo, Respondent, pro se.

MOTION FOR RELIEF FROM JUDGEMENT-ORDER

JONES, J.

Pending before the Court is a Motion for Relief from Judgment filed by Dean Arroyo (Husband) on September 26, 2008 and a Motion to Dismiss filed by Jeanna Arroyo (Wife) on September 30, 2008.

This case has a very long, intricate procedural background. The Court will address only those facts pertinent to its present decision.

Husband and Wife were divorced on July 23, 2003 after a 10 year 8 month marriage. There were three children born to the marriage: Adrian Arroyo (DOB 3/17/1994), Lark Arroyo (DOB 2/10/1997), and Andrew Arroyo (DOB 1/11/1999). After a hearing, the Court awarded joint custody to the parents and primary residential placement with Wife. The Court has since modified its Custody and Visitation Order, granting sole custody to Wife and visitation to Husband, if he returns to

Page 562

this country, to be held at the Georgetown Visitation Center.2

The Court issued an Order addressing matters ancillary to the parties' divorce. That Order was appealed to the Supreme Court of Delaware. The Supreme Court affirmed this Court's ruling, but remanded the case for the limited purpose of reconsidering Husband's monthly child support payments. The Supreme Court recently affirmed this Court's subsequent ruling on that matter. Currently, Husband is obligated to pay Wife $2,282.11 per month for alimony and $1,129.00 per month for child support.

On February 6, 2007, Wife requested an emergency ex parte order. alleging that Husband was planning to flee the country and had not complied with his obligations as to alimony and child support. The Court granted Wife's request for emergency relief and scheduled a hearing for February 16, 2007, for which Husband received notice according to the Court's records. Husband failed to appear at the hearing. A Commissioner of this Court issued an Order on February 16, 2007 directing Husband to forfeit his passport. Husband left the country, arriving in Israel on February 17, 2007,3 having failed to follow the...

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