Legal Question in Family Law in New York
I am in the process of a divorce. My papers went into the court system in October. They are under judicial review. It was a uncontested divorce and I do not have an attorney. I have contacted my husbands attorney about two months ago. The problem with the paper work seems to be in the child support amount. The judge wants to know how we came to that figure. I have been waiting about a month and a half for this addendum. They keep putting me off saying they will email it to me. My question is how much time is sufficient to wait? Also once the divorce papers are with the court do they expire? Thank you.
3 Answers from Attorneys
If the judge has them, there is no expiration date. I suggest you check continuously.
There is no expiration date; however, a case can be dismissed if there is an extended period of inactivity (e.g. 1 year or more). You may want to get an attorney and have your husband agree to pay his fee. The hold up may be the judge protecting child or children's intrest in a proper child support amount.
I am willing to bet that your papers did not comply with the child support standard act (CSSA).
The act is very specific and must be followed exactly. Certain language must be recited.