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Ball v. Division of Child Support Enforcement

Court reversed Family Court's denial of father's motion to reopen dismissal of petition for review of order modifying amount of child support obligation; Family Court abused its discretion per se in denying father's motion to reopen without an explanation.

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Submitted: April 10, 2001

Upon appeal from the Family Court. REVERSED.

The parties in this matter are the respondent-appellant, Donald B. Ball (the “Father”) and the petitioner-appellee, the Division of Child Support Enforcement (“DCSE”), appearing on behalf of Ken Mitchell (the “Grandfather”). This is the Father’s direct appeal from a final judgment of the Family Court denying his motion, under Family Court Civil Rule 60(b), to reopen the dismissal of his petition for review of a Commissioner’s order. The Family Court Commissioner’s order modified the amount of child support the Father was obligated to pay to the Grandfather.

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