Legal Question in Family Law in New York
Child support
In 2003. after numerous times flying back & fourth to NYC for a child support court case, the judge informed me that if the mother did not show for court on the next date the case would be dismissed, now in 2007 I am told that I have a court date with the same case all over again. how can I address this issuse of a dismissed case being brought back up. & my not being able to afford to fly back & fourth for court dates being I reside in the state of Louisiana?
2 Answers from Attorneys
Re: Child support
The matter might have been dismissed without prejudice which leaves the opportunity for the petitioner to refile. YOu may ask the court to allow you to testify or appear telephonically.
Re: Child support
Child support matters are always open to the court if a new petition is filed on a matter.
When a petition is dismissed for failure to appear, the matter is dismissed without prejudice. This means that the petitioner is free to refile the case in court at any time. If the court had ruled the matter would be disposed of and the petitioner would not be free to refile without a showing that a significant change in circumstances occurred since the last court ruling.
If you wish to discuss this matter further you can contact me at 5167464747 or at [email protected].
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