View Full Version : family court lawyer needed in NY
Hello,
Well here's the down and dirty, I'm currenty deployed to Afganistan with the 3/20th. Here's the problem my exwife is trying to get my child support modifyed while I'm gone, so I need to get some answers about whats my rights? Can she do this, and if she can how much will it go up or down?
Any help will be great thanks.
Go to your current Group legal-weenie; the New York court cannot enter a judgment against you if your service materially affects your ability to appear and defend against the action (Serviceman's civil relief act). However, they do it all the time. There is supposed to be an affirmative pleading in her papers to the court that you are NOT in the service or that you are NOT deployed such as to affect this action. Again...however, they routinely ignore this (some out of laziness; some out of ignorance; some out of sheer 'screw-the-troops" mentaility). Judges around Fort Bragg routinely screw the troops in violation of what the NC statutes mandate.
Unless you are significantly out of whack on what you should be paying her, you shouldn't see an increase. I do believe there are some issues in there in dealing with Child Support and don't have the SCRA in front of me (nor the time at present to pull it up) - but your deployed legal weenie will (should) be able to cough this up fast, quick and in a hurry.
craigepo
10-22-2010, 09:29
A couple of points:
1. The New York court should not do anything while you are deployed, via the Soldiers and Sailors' Relief Act. However, if your ex-wife lied on her Petition/Complaint to the Court, they might go ahead and act on it.
2. If you have been served the paperwork, find a JAG type to help you type up a Request to Stay the action. Once the Stay is filed with the Court, there should be no action taken until you return home.
3. Modifying child support: Most states require a somewhat-significant change in circumstances to modify a court's child support judgment. Those vary from state to state. You will have to call a N.Y. attorney to get accurate advice on this issue.
1stindoor
10-22-2010, 09:37
Ahem, Legal Weenie?
JAG Hag????
1stindoor
10-22-2010, 09:45
I prefer Brief Babe.
Touche.
Ah man, just what you needed. Legal BS while deployed to a combat zone, great timing. :mad:
We used to abbreviate military lawyer types (JAG Officers) as JAG-OFFS. ;) :D
Richard :munchin
I'd be willing to bet that's exactly the way she planned it.
And her ahole lawyer. I tell you, the family law practice is way too intense and uncivilized for me. That’s why I stay the hell away from it.
BingoBango
10-22-2010, 10:39
I had a Platoon Sargent go through the same thing while we were deployed. I remember in the early stages of the debacle that he had told me he would be protected by the SSCRA. Fast forward two months and he was having to take his R&R 3 months early so he could go home and remedy the situation.
Turn's out that during the original hearing (of which he was obviously not present for) the judge was of the Fort Bragg type's that JimP spoke of. All in all he didn't see an increase in child's support once settled, however he did have to fly back CONUS just to handle the situation. Hopefully you can get a hold of a competent legal officer in your unit and get this handled remotely.
Best of luck.
I forgot to mention that our divorce was filed in KY, So if I've been reading the laws correctly in my quest for knowledge, she would have to have the state of New York take over our divorce agreement before she can do anything. Now how long could that take and can she do that with me deployed? Also if she's doing this knowing I'm deployed isn't that a crime, since she's Violating SSCRA?
Thanks in advance for all of your help
Joshua
Dozer523
10-23-2010, 00:49
. . . I prefer Brief Babe.
I like the mental picture that invokes . . . envokes . . . ? Well, I'm stoked either way.
(There AIN'T no "r" in 'stoked' . . . shad-dup)
Hi Guys & Gals,
Josh needs help.. not jokes..
On Topic,, In your lanes..
Thanks
:munchin
Thank you all very much for the help you have given. I got with JAG today, they had been out of the AO for a couple of days thats why I came here for help. And they pretty much said the exact thing that you guys and gals have said, plus I also learned that one of the JAG officers had spent 8 years as a lawyer in NY:lifter And he told me that it's not going to happen.
Good news, chance. Keep yourself focused...be safe.
Thank you, I'll keep you guys up to date on the ex-wifes shenanigans.