Q: I forgot to include a request for legal fees in the motion itself. Is it too late to make the request? I was thinking of preparing a motion to recoup legal fees, citing what’s in the agreement regarding default. (I sent my ex several ‘default notices’ in the form of emails with receipts attached.) But I don’t want to prepare a motion if it’s going to be rejected immediately given that there was no request for legal fees in the motion itself. Advice?
A: I would not advise to submit the motion yourself, as there are several legal requirements you need to include in the motion which you may/may not be aware of. Generally such a motion should be filed within approximately 35 days of the receipt of the order settling the case (the court may make an exception to this, but certainly you should delay more than a couple of months or so). Schedule a consult with a Westchester Child Support attorney for a full assessment.