Legal Question in Family Law in New York
Gross irregularity
While seaching the County Clerks records for information that might help in a divorce appeal, I was shocked to find what I found. My lawyer never checked to see if there was a proof of service filed. One was file but according to the Clerks records it was filed after the divorce trial. The affirmation of service was also filed after the divorce trial but did not include a docket number.However, there are documents in the folder that give two different dates as to when I was suppose have been served the same summons. My ex spouse filed a networth statement (notarized by her attorney) that showed her earnings for that year to date to be $30,000 less than it really was, not only that but there is another document that showed her income to be $36,000 less than what it was and all three was for the same tax year, from the same job. Her attorney filed a notice of settlement with the Clerk knowing that I had not agreed to any and can prove it.Is there anything I can do about this? It seems that someone dropped the ball and someone is circumenting the law.
3 Answers from Attorneys
Re: Gross irregularity
Well, there was clearly some problems with your case. But, before I can tell you which way you should go, I need to know what you want to get out of this. Do you want your ex to be prosecuted for perjury? Unlikely, unless your DA has absolutely nothing to do. Do you want to get the property settlement and/or child support changed? Possibly.
I would suggest you sit down with an attorney, either in person or over the phone. That way the attorney can ask you questions regarding the entire matter, and better tell you if your discovery can work to your benefit. Was something done wrong? Yes, absolutely. Will your discovery help you? Maybe.
Good luck!
Re: Gross irregularity
"Notice of Settlement" is a term of art that refers to your having been given notice of the submission of a proposed order or judgment. It does not refer to an alleged agreement.
Suggest you consult with an experienced matrimonial attorney.
Re: Gross irregularity
If you had a trial, then these issues should have been addressed there. If you defaulted, then you will have to vacate the default. The fact that you are taking an appeal, leads me to believe that you did not default.
I suggest you consult with an attorney.
Let me know if I can be of help.
Daniel Clement
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
