Q: about 2 months ago, I took my ex wife back to court for child support reduction. The next day she was in the child protective services office is making a claim which now comes back to be unfounded. can I take action against my ex wife for making an allegation, and putting myself as well as the children through stress.
A: David's Answer: You could conceivably sue her for abuse of process and/or report her to the police for filing a false charge. As a practical matter - and assuming its an isolated incident - it's extremely unlikely to result in a criminal prosecution and your civil case is unlikely to render you a high amount of damages unless your access time with your child was restricted due to the investigation. Schedule a consult with a Dutchess/Westchester Family Law attorney for more info. -- 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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