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Interesting Family Court Scenario – Objection, Remand, Objection

| Jul 25, 2016 | Uncategorized

Q: Support Magistrate was reversed on objection by Family Court Judge with proceedings remanded back to magistrate with instructions. Party seeks reargument of the Judge’s remand order and is denied. Support Magistrate then issues a revised order which faithfully and correctly implements the Judge’s remand instructions. Can a party object to his revised order? My argument is no because the objection to the revised order is effectively the same as the motion for reargument of the Judge’s remand order. Party has also appealed the Judge’s order if that matters.

A: David’s Answer: The answer is yes, an Objection may be filed. Indeed, conceivably the Judge may have “gotten it wrong,” but the only way for the aggrieved party to get to the Appellate Court is to first file an Objection (which would most likely go back before the same Family Court Judge). Schedule a consult with a NYC Family Law attorney for a full assessment.

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