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Limits on a NY Family Court judge’s authority to make a determination on the allocation of a attorney for the child.

| May 16, 2016 | Uncategorized

Q: where one party has not made any financial disclosures but where the record shows evidence that they are the moneys former spouse yet is charged with just 10% of the cost and the other party has shown an inability to pay ANY fees. The AFC has filed 3 OSCs against party with the 90% obligation and the court has order the party paid or be arrested immediately.

A: David’s Answer: The “limit” of the Family Court Judge’s discretion is what the appellate court would say. In other words, anyone aggreived by a trial court’s interim determination can file a motion for permission to appeal. The only other thing you can do is file a motion to renew/reargue, if you believe the Judge missed pertinent facts or there is new information available. Schedule a consult with a NYC Family Law attorney for a full assessment.

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