Recitation as required by CPLR 2219(a) of the papers considered in the review of the motions referenced above Papers NumberedDefendant’s CPLR 5015(a) motion (Seq. No. 012) 1Defendant’s motion to postpone (Seq. No. 013) 2Plaintiff’s Affirmation in Opposition to 013 3Plaintiff’s Cross Motion and Opposition (Seq. No. 014) 4Defendant’s Affirmation in Opp. to 014 and Reply 5Plaintiff’s Reply on Cross 6Transcript of Oral Argument on 9/8/17 7
*1 By post-dispositional motion (Seq. No. 012), Defendant Wife, A. E. (hereinafter “Wife”) seeks an Order vacating this Court’s Decision after Trial dated January 3, 2017 and replacing it with a modified Decision which restructures the way child support is to be paid in this case. By separate post-dispositional motion (Seq. No. 013), Wife seeks to postpone the signing of the Judgment of Divorce and related documents until a determination can be made on her request for modification of the original Decision. Defendant Husband opposes Wife’s applications in their entirety, and asks that they be denied on both procedural and substantive grounds. Husband further makes an affirmative request, via cross motion (Seq. No. 014), that he be granted a recoupment of alleged overpayments of pendente lite child support.Procedural PostureThe three motions currently pending before this Court are all post-dispositional in nature. Each was filed after the issuance of this Court’s Decision after Trial dated January 3, 2017, and before a Judgment of Divorce could be signed. The January 3rd Decision, which granted Plaintiff Husband a Judgment of Divorce, also resolved the issue of child support. By the terms of that Decision, Husband was directed to pay the monthly sum of $4,866 in child support, but was allowed to deduct the payment of the mortgage relating to the home where Wife and the children reside from that amount. All other issues had been previously resolved by this Court’s Decision and Order dated December 31, 2014 which found the parties’ prenuptial agreement to be valid and enforceable. That prenuptial agreement’s terms resolved all the other issues related to this divorce proceeding.Plaintiff Husband filed a proposed Judgment of Divorce, Findings of Fact, and Conclusions of Law on or about May 19, 2017. On September 8, 2017, Defendant Wife indicated that she intended to submit a Counter Judgment of Divorce, which she did on
