Legal Question in Family Law in New York

Hearing Examiner Determinations

I am going to family court to establish a new ruling for support since my daughter is now going away to college (my ex-wife has had custody and has been receiving child support). In the past, my case has always been heard by the same Hearing Examiner and I do not feel he has been fair in his rulings.

Since my next visit to Family Court will be before this same examiner, are his rulings my last resort or can they be appealed to a Judge. Also, if his rulings are the last answer, can a petition be made to the court to have a different Hearing Examiner rule on the case.

Thank you very much for your attention to this question.


Asked on 8/08/03, 9:31 am

2 Answers from Attorneys

Andrew Nitzberg Andrew Nitzberg & Associates

Re: Hearing Examiner Determinations

Of course you can appeal any ruling. In addition, you have the right to request a different HE. The request may be turned down, but that wouyld assist you in your appeal.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 8/09/03, 8:49 pm
Seth Kaufman Seth M. Kaufman

Re: Hearing Examiner Determinations

You can make objections to a hearing examiner's ruling, which would then be reviewed by a judge. You can then appeal the judge's decision. However, temporary orders of support cannot be appealed (although they may be vacated in certain circumstances). I would strongly discourage you from trying to remove the hearing examiner. Feel free to call me at 212-367-9167 to discuss this further.

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Answered on 8/09/03, 9:21 pm


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