Filed discovery in a family court case and the respondent will not reply. how do I file motion to compel?

In a Family Court case it is essential that you conference the issue of discovery with the Court before making your demand, since disclosure is...

Lived in husband's home for six years, helped him upgrade parts of home and paid extra monthly towards principle. Am I entitled.

Assuming your husband acquired the home before the marriage, your right to receive some portion of the equity depends upon whether the house...

What does my ex need to win a petition for cs modification? He is asking for downward. Can the Magistrate make it upward ?

Your ex will have to show both reduced income since 2008, and reduced ability or capacity to earn in order to reduce his child support. While this...

The NY State Constitution guarantees you the right to a judge in a custody case. If you did not consent to the referee you should request the...

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Custody/Divorce: After a year the Judge finally awarded me counsel fees but before I had a chance to obtain counsel the Judge

Yes it sounds unconstitutional on the facts you present. Your rights cannot be deprived without due process which requires notice and some form of...

Divorce/Custody: Can a judge preclude me from testifying against my husband for disobeying an order not to discuss information

CPLR 3126 provides a range of sanctions that can be employed by the court for violation of an "order for disclosure" or "willfully fails to...

A divorce stipulation is a contract that can be enforced like a court order once the judgment of divorce is granted. The remedies include money...

What is a petition for amendment in a divorce case and the time frame for its compliance?

There is no such thing as a petition for amendment. Perhaps your spouse meant to make a motion. The important question is: What amendment is he...

Need Advice ! Child Support , will judge impute mother's income if she is able to work 40 hours but chooses not too.

Be sure to make imputation of income an issue from the first day in court, because it likely will not happen automatically. There are different...

How do I collect from lien?

A child support enforcement petition must allege a willful failure to pay support and seek commitment ( incarceration) as remedy. It then becomes...