Q: I won judgment for ex to pay 1/2 college. presently in court for enforcement. his new lawyer's new petition demands discovery on items already ruled upon. I am writing an objection CPLR 3122 and questioning format on how to write this to new attorney. New Attorney has filed downward mod petition and asking for financial papers. Last downward mod was ruled on 8-9-12. Believe it is stall tactic and taking advantage of my pro se status. any info greatly appreciated. ty
A: David's Answer: The format could be as simple as a letter in which you specify your objections. That said, I think the new attorney would be able to ask for some disclosure pre-dating the last modification ruling, unless the Magistrate made a "findings of fact" setting forth what your income & expenses were on the last case. Schedule a consult with a Westchester Family Law attorney for a full assessment. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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