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“There was just something missing,” she said. “It’s a question of what kind of girl or man the guy wanted to see.”
Ms. Berenson decided to quit her job to get on with her life, and then to take her case to court. The issue was more complicated than just whether her employer was going to pay the child support she was demanding. It could determine whether an “emergency” child support order, which was part of her original complaint, would be valid.
In court, Ms. Berenson, a lawyer, argued that the order was not valid because it was based on only a limited number of facts, and because the judge refused to allow her to present evidence of the extent of her husband’s financial involvement in their son’s life.
Judge Gilleo rejected these objections, saying what she referred to as the “fact-free premise” was “a legitimate legal basis for a child support order” by the state of Utah, even though the decision was not made with the aid of a child support expert. (As to whether the order would be legitimate, the judge wrote, “We have not seen or even heard a single child support expert testify and we do not know what the cost of such an expert would be.”)
As for the child support and emergency orders, Ms. Berenson said she wanted them to remain in place as long as possible so that her son’s future would have more legal certainty. Judge Gilleo rejected these arguments as well.
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