Supreme Court of Delaware, 2021

O'Conner v. DCSS

Supreme Court of Delaware · Decided March 5, 2021 · Seitz C.J.

Opinion

IN THE SUPREME COURT OF THE STATE OF DELAWARE CYNTHIA O’CONNER,1 § § No. 219, 2020 Petitioner Below, § Appellant, § Court Below—Family Court § of the State of Delaware v. § § File No. CN09-04138 DIVISION OF CHILD SUPPORT § Petition No. 19-20603 SERVICES/DOUGLAS RILEY, § § Respondent Below, § Appellee. § Submitted: January 22, 2021 Decided: March 5, 2021 Before SEITZ, Chief Justice; VALIHURA and MONTGOMERY-REEVES, Justices.

ORDER Upon careful consideration of the parties’ briefs and the record below,2 we conclude that the judgment below should be affirmed on the basis of the Family Court’s May 19, 2020 order, which affirmed the Commissioner’s November 15, 2019 child support order.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice

1 The Court previously assigned pseudonyms to the parties under Supreme Court Rule 7(d). 2 We have not considered documents that the appellant presented for the first time on appeal. See Price v. Boulden, 2014 WL 3566030, at *2 (Del. July 14, 2014) (“[T]his evidence was not available to the Family Court in the first instance, is outside of the record on appeal, and cannot properly be considered by this Court.”); Del. Elec. Coop., Inc. v. Duphily, 703 A.2d 1202, 1206 (Del. 1997) (“It is a basic tenet of appellate practice that an appellate court reviews only matters considered in the first instance by a trial court.”).

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