Legal Question in Family Law in New York

Power of a Support Magistrate

I have a case in the family court where a Support Magistrate (SM) has rendered me an unfavorable decision. I filed an objection and a judge reversed the SM's decision. So the judge reprimanded the matter back to the SM to rewrite the order. Now the SM's ego is bruised and he is refusing to write a new decision as ordered. It has been almost a year and I continue to be punished under the SM's original order. By the way he put the punishment in place as soon as a petition was filed - presuming me guilty b4 I even made an appearance in court. He also denied me self representation. I have filed a petition to remove him from my case which went before him & he denied it.I have written a complaint to the Chief SM, The Chief Admn Judge of NY etc. No one seems to care. Is there a provision in the Family Courts Act that states the time limit on how long an SM should act on a Judges order in an objection? Do I have a case in Federal Court for being denied justice by way of due process?. For being denied self representation etc?


Asked on 3/28/09, 8:02 am

1 Answer from Attorneys
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: Power of a Support Magistrate

I would hire an attorney and not represent yourself.I'm sure that there is much more information about this case. I wouldn't fight the SM and make him angry, I would beg and borrow money to get yourself a good lawyer. As you can see being a petitioner with a 15-8 attorney has gotten you no where.

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Answered on 3/28/09, 2:37 pm


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