CAN I MODIFY MY COURT ORDER
May 5, 2013
CAN I MODIFY MY COURT ORDER
An interesting article provided by Lisa Beth Older a New York Divorce and Custody lawyer.
There are ways to fix mistakes as seen below. Consult a New York Divorce Lawyer before attempting to do so on you rown as the laws are complex and this is fo rinformational purposes as to divorce law in New York.
1. THREE WAYS JUDGMENTS AND ORDERS ARE ARRIVED AT
10 In this type of case, there was a trial. Here the court will make a final decision after both sides have presented their case.
These orders may be appealed, reargued, renewed modified and resettled.
2) When the plaintiff fails to show and defaults, the case will be dismissed. If the defendant defaults, the plaintiff may proceed alone, subject to notice to the other side.
These orders may be vacated, modified or reargued.
3) If both parties entered into a mutual agreement settling the case.
These orders may be vacated and modified under certain circumstances and motion practice.
You may also be able to appeal an inaccurate Order. An appeal is for judgments or orders issued by the court following a full trial and you are stuck to the record made at trial and no evidence can be presented that was not in the trial transcript. It is simply a request to a have a higher court look at the lower court trial to see if mistakes were made to warrant an adjusted Decision,
The procedure is complicated and you should have a New York Divorce Attorney assist you as there are different rules that in the four judicial departments.
New York Divorce and Confidentiality
April 1, 2013
If a party wishes to commence a divorce action and seal it, or use an anonymous caption, here is how you do it.
The County Clerk cannot proceed without a court order. However, since the media are given access to new cases if a party files a summons and complaint for divorce and thereafter moves for a sealing order in the normal manner, the confidentiality of the case is likely to be rendered ineffective from the beginning. A filing made in the routine way will also be listed in the County Clerk’s minutes and the listing will appear in electronic attorney's services.
If you want to secure anonymity here is how to do it.
Post Partum Depression and Child Custody
February 25, 2013
Lawyer Gives Expert Opinion Regarding How Post Partum Depression May Change the Outcome of Custody Cases Based on a Recent Case Discussed in The New York Times
New York Child custody lawyer Lisa Beth Older says that "New York Divorce lawyers should be cognizant of Post Partum depression" in arguing all New York custody cases dealing with mothers that just gave birth. Marital dissension or custody battles often require that parties seek professional psychiatric help. Availing oneself of psychiatric services during transitional stages such as custody battle should not be used against a party.
Breaking News: Depression and Child Custody
February 18, 2013
Marital dissension and emotional distress often force parties in a New York custody battle to seek professional psychiatric help. The desire for psychiatric help during transitional stages such as these should not be used against a party in a New York Child custody case. Major legal decisions have come down from the New York Supreme Court Appellate Division which demonstrates the importance in custody determinations of demonstrating the role temporary mental health issues have on the result of a custody care.
Factors which might terminate your support obligation
September 3, 2012
Child SupportSM.B v D.R.B 2007 N.Y.Slip Op. 52237 (Fam. Ct., Onondaga Co, November 23, 2007)
In the above case, the father sought to vacate his support obligation. In general a parent must support a child until that child turns 21, unless the non-custodial spouse shows that the other parent unjustifiably interfered with the non-custodial parent’s right of visitation. This case cited to Usack v. Usack 17 AD3d 736; Kershaw v. Kershaw, 268 A.D.2d 829; Hiross v. Hiross, 224 A.D.2d 662; Hecht v. Hecht, 222 A.D.2d 589.
In the above cited New York case, the Mother actively intentionally and purposefully interfered with the f child’s relationship with her father, even withholding visitation and access to the child. The Mother's actions were a pattern of frustration and isolation. As a result of the isolation the child formed opinions against the father and no longer wanted to see the father. As a result of these actions, and upon a showing of proof that the child would not become a public charge if the child support obligation were to be terminated, the Court vacated the father’s support obligation. Also see Colicci v. Ruhm, 20 AD3d 891, Smith v. Bombard, 294 A.D.2d 673 and Kershaw v. Kershaw, 268 A.D.2d 829.
Lisa Beth Older has now upgraded her practice to include all divorce, child custody and family court cases in Kings County New York (Brooklyn). Lisa Beth Older is also a trial lawyer in New York County.
Kati Holmes and Tom Cruise Settle Their Divorce (submitted for publishing with HLN)
July 9, 2012
Provided by : Lisa Beth Older, Esq., New York Divorce lawyer and legal analyst.
News sources have reported that a divorce settlement was reached over the weekend between Tom Cruise and Katie Holmes. This settlement was much expedited, as negotiations of this nature typically occur over a period of months, entailing settlement issues surrounding child and spousal support, property distribution and child custody and visitation issues. In this case, there was a prenuptial agreement. Where a prenuptial agreement is in place, then it is likely that the issues of property distribution and spousal support issues have already been settled. Thus, the sole remaining issues Katie and Tom would need to settle would likely be limited to child custody and child support.
But another big and often overlooked issue that Katie and Tom would be faced with is to decide which jurisdiction would be controlling over Suri when new issues arise. Choosing which state has the power to determine custody, visitation and child support is also important since any future issue that arises will be determined in the Court of the chosen State. That means that unless Suri's residence changes, any issue that arises in the future will be governed by the jurisdiction chosen by the parties.