Mark Palombi

The defendants brought a summary judgment motion to dismiss the plaintiffs' Family Law Act claim arising from their mother's fall and subsequent death.

The mother fell and fractured her hip on June 9, 2015, and died on September 29, 2015.

The action was commenced on September 29, 2017, exactly two years after her death but more than two years after the fall.

The plaintiffs conceded that the court was bound by Camarata v. Morgan, which held that death does not create a new cause of action or re-toll the limitation period.

The action was dismissed as statute-barred.

The father brought a motion to change final orders regarding decision-making, parenting time, and child support.

He sought decision-making authority, primary residence, and a retroactive reduction in child support.

The mother opposed the changes.

The court found a material change in circumstances due to a complete breakdown in communication between the parents, but determined it was in the children's best interests for the mother to retain decision-making authority and primary residence.

The court ordered the parties to use OurFamilyWizard for all communication.

The court adjusted ongoing child support based on the father's current income but declined to order a retroactive reduction for previous years due to his delay in seeking relief.

The parties were also ordered to proportionately share extraordinary extracurricular expenses.