I believe the court should have applied res judicata in a child support case..
what is the correct way to say that?? Is res judicata applied to the motion or to the order? What is proper...
1. they failed to apply to res judicata to the motion for modification of child support
2.they failed to apply to res judicata to order child support order being modified
Just fine tuning... don't think I need to talk to an attorney at this point.
thank you in advance for taking the time to answer my question.
2 Answers from Attorneys
Hello. To help you appropriately, an attorney would need to know what you are trying to say in the context of the entire facts and history of the issues. Please seek private attorney help and counsel.
Tricia Dwyer Esq
Tricia Dwyer Esq & Assoc PLLC
365 Days of the Year until 8 p.m. Daily
A Minnesota Law Firm
I am not sure that I understand your question. It would seem that the matter must be reviewed before providing any substantive response. However, child support can always be reviewed within the statutory framework. THis allows a review to occur once every two years or when there is evidence that there has been a substantial change in circumstance. Therefore, it would be difficult to argue that a child support order was res judicata (the thing isdecided) unless you are arguing that another jurisdiction has entered some concurrent child support order. In such a situation, the question is whether the court has jurisdiction to hear the matter.
Maury D. Beaulier
Attorney at Law