Legal Question in Family Law in New York
If I am filing for an appeal of a divorce, do I need to abide by the orders that were incorporated into the Judgment of Divorce? I have not done what was ordered by the judge because I am filing an appeal. However, the plaintiff's attorney is telling me that if I don't follow orders, I will be in contempt of court. Is that true?
1 Answer from Attorneys
Q. If I am filing for an appeal of a divorce, do I need to abide by the orders that were incorporated into the Judgment of Divorce?
A. Yes, unless you have a stay of order pursuant to CPLR 5518 (stay by the appellate division) or CPLR 5519 (stay of enforcement).
Q. However, the plaintiff's attorney is telling me that if I don't follow orders, I will be in contempt of court. Is that true
A. Yes. Failing to follow an order is grounds for contempt of court.
Mike.