Saturday, June 22, 2013

I am able to fie a motion to resettle prior as well as an order of contempt and a change of circumstance all at the same time?

Q:  ex is not paying for 66% of extras as stated in transcript - not court order. Do I need to file three separate motions? Contempt? motion to resettle prior court papers as well as a change of circumstance to due a job promotion on his behalf? 

A:  David's Answer:  If you are "re-settling" an order, it means there was some error in the original order which you're requesting the Judge to correct. Moreover, if there is no court order as yet, but merely a settlement placed on the record, then the best thing you can do is to submit judgment in the divorce case and then move to enforce the judgment. Finally, if the final judgment hasn't been signed yet, it appears premature to file any application for a change of circumstances. That said, I highly suggest that you schedule a follow-up consultation with a Westchester Family Law attorney for a full assessment.   -- David Bliven, Westchester Family Law attorney (

No comments:

Post a Comment