Barney v. Van Auken

The parties’ daughter (born in 1990) moved from respondent’s *960residence to petitioner’s home when she turned 18 in November 2008, and in May 2009 petitioner commenced this proceeding seeking child support. Respondent’s defenses included visitation as a defense, alleged as abandonment. Since the Support Magistrate improperly ruled upon such issue without referring it to Family Court, we reversed and remitted (81 AD3d 1129 [2011]). Upon remittal, and after a hearing in May 2011 at which the parties appeared pro se, Family Court found that respondent failed to sustain his burden of proving the…