Donald Seale brought a motion for summary judgment to dismiss all claims made by Nafeeza Caroline Seale, primarily concerning adult child support for their 30-year-old son with autism.
Donald argued that a previous consent order from 2013, which dismissed "All remaining claims by each party against the other," had already adjudicated the matter.
Nafeeza asserted she did not realize she was waiving support for their son at the time, as her focus was on compelling Donald to remove a lien from the matrimonial home.
The court dismissed Donald's motion, finding a genuine issue for trial.
The judge emphasized that a child's right to support cannot be waived by a parent, especially for a disabled adult child, and that Nafeeza's credibility regarding her understanding of the consent order required a full trial.