Legal Question in Family Law in New York
Harassment through the legal system
I am currently being dragged to court for whatever my soon to be ex-wife can think of. She lies to the judges and the law guardians, she accused me of abuse, Child Protective Svs investigated and the charge was ''unfounded'', she's currently requesting an order of protection as she says I am violent, I am not. All of the times we've been in court,(at least once a month for a year)she has a new lie. I am being harassed by way of the legal system. I pay child support and she took me to court anyway to try and get it raised, I already pay too much, that didn't go her way, but i still had to go to court. Is there anything I can do to stop this? She keeps me from my 3 year old son as often as she can because she knows it hurts me. Every time I turn around, she has a new reason to go to court, she loves the drama and I hate it. What can I do?
3 Answers from Attorneys
Re: Harassment through the legal system
You need to ask your attorney to get this case settled. You may also wish to get a second opinion.
Without more facts, it is impossible to give you specific advice here. If you would like to discuss this with me privately, please call to schedule a consultation. (516) 741-7799.
For more information, please visit my web site:
www.BravermanLawFirm.com
If you would like to dis
Re: Harassment through the legal system
I understand your complaint.
A woman like this is very dangerous to the system. I represented women who were actually beaten and children that were abused. People that make false claims make it harder for the system to review each case without a jaundice eye.
The system must investigate each case. It cannot dismiss a case just because she filed a different complaint in the past. However, like the boy that cried wolf, her misdeeds will catch up to her.
It seems that the system has worked. Allegations have been unfounded. Your biggest problem is inconvenience (and probably some mental stress).
Eventually, her false claims will stop. This is because she runs the risk of being sanctioned by the Court.
I strongly suggest that you maintain good records regarding child support. Pay by check or have a receipt showing each payment.
I also strongly suggest that you strictly follow your visitation schedule. If you take your children to a movie, zoo, park or to a restaurant, save the receipt. A diary may be appropriate.
Finally, if the mother refuses to make the children available for your visitation period (on a continuous basis), I suggest that you file a petition with the Family Court.
Mike.
Re: Harassment through the legal system
Thank you for your e-mail question. I am sorry that your wife has been able to abuse the system to her own advantage. Hopefully, the Court will soon realize what is happening and rule in your favor. In the event of frivolous applications filed by your wife, you have a right to request counsel fees to be paid by her on your behalf. Please seek the advice of independent counsel to discuss these issues further. Do not act on advice in this e-mail; no attorney-client relationship has been created. Good luck to you. K.R. Scheiner
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