Brooklyn Supreme Court Justice Jeffrey Sunshine in this case vacated an uncontested judgment of divorce entered on default based upon fraud. The judge found after an evidentiary hearing that the Plaintiff-Husband filed a false affidavit in support of a self-represented uncontested divorce action stating that there were no children of the marriage, despite having one unemancipated child of the marriage and defrauded both the wife and the court.
The court conducted an analysis of the mandatory child support provisions which required that all ancillary issues had to be resolved. The court also noted that based on the Plaintiff’s testimony, he knew that the submitted documents that were sworn to and notarized were false.
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