Legal Question in Family Law in New York

issues w/ the court

I have a motion filed against my ex husband for back child support that was scheduled for trial and then postponed by the judge when my husband (who doesn't have an attorney) wrote a letter to the court asking for a postponement because he had a social security disability claim hearing scheduled that could result in the adjustment of his income. The judge agreed to the postponement and now has asked to be removed from the case and we now have a new judge. This new judge has yet to set a new trial date. My question is what can I do to make the court aware of my utter displeasure of this situation as well as let them know that some action needs to be taken immediately as my ex continues to fall behind on his current child support payments? When I call the court they tell me I have to speak with my lawyer, yet my lawyer has done nothing for me in regard to this situation. Is there a higher judge or individual at the court that I can talk with? I'm supporting a 2 and 4 year old in full time daycare completely on my own and my ex is only working part time and receiving food stamps. I desperately need advice. Thank you for your time and consideration!


Asked on 12/30/08, 1:39 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: issues w/ the court

I am very sympathetic to your situation. Generally, the Court tries to accomodate all parties. Sometimes it looks like it is favoring one side. However, most of the time a Judge tries to be just and fair.

When I was admitted to the US Supreme Court, I asked a guide why there were turtles under many of the light fixtures. The response was that turtles represent justice, sure and slow.

With that in mind, your attorney should gently remind the Court that you are having financial issues because the father is not paying support. Your attorney should object to all future requests for an adjournment. Ultimately, there will be a determination that you may (or may not) be happy with. If you scream, carry-on, or attempt to buck the system you will only cause a judge that has an initial unfavorable opinion of your case.

Mike.

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Answered on 12/30/08, 1:55 pm


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