Yes, my firm can be hired to defend against or help enforce a proposed enforcement of a modification of a family court order in New York. If the other party has already thought about sending or sent out a default notice letter, retaining an attorney as soon as possible is advised. A lawyer could possibly negotiate a resolution without going to court. If it does go to court, the attorney will draft a pleading, and make sure it is served properly on the other side.
Do I Have the Right to Defend Myself Against Proposed Enforcement Of Custody And Support Modification Orders In New York Family Court?
You do have a right to defend yourself against the proposed enforcement of custody and support modification. There are a variety of defenses one can use. There are times where one party might not have knowledge of the underlying order, and therefore, no knowledge of the modification. Another defense is inability to pay, which is often a hard defense to prove. One needs to prove income, why they might not have income, and they have made a diligent search to find a new job. If they are able to show the court that they are making a diligent search to find work and their income has been below the poverty line for years, they may be able to make a counter-application within the enforcement case to limit the accrual of arrears in any given year to $500. There is statutory provision under New York State law allowing a support obligor to make that application within the family court.
Why Do I Need a New York Family Law Attorney Such As Yourself To Represent Me In An Enforcement Of Modifications To Custody Or Support Orders?
You are not required to hire an attorney, but it is strongly advised to do so. In order to represent yourself in court, you will need (at least) a working knowledge of the law. Interpreting the law without training is not easy or advisable.
Is There Anything Else That Is Important to Know About?
Make sure you interview your attorney to know what their qualifications are. Do not hesitate to ask them how many of these types of cases they have handled. Ask them whether family law is at least the majority of their practice. Be wary of attorneys who advertise on their website that they do five or six different areas of law. You want an attorney who knows what they are doing in respect to your area of law.
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