Perri v. Vella

Petitioner initiated this proceeding to enforce various court orders requiring respondent to support two children. Respondent submitted an answer asserting that he has paid all amounts due, requesting that the support order be reduced and that custody of the children be awarded to him.

The court has before it a motion by petitioner to dismiss respondent’s "third affirmative defense and cross-petition” seeking custody of the children on the grounds that the court lacks jurisdiction. Although no copy of the divorce decree was submitted, the parties agree in their pleadings that they were…