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Change of judge

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nu2itall

Junior Member
What is the name of your state? NY
Under what conditions can someone petition for a new judge in a child support case in NY? Is this usually granted? My husband's ex-wife claims that she is going to request a new judge to review their cs case. She made a couple of racist comments about the current judge as being the reason for her not getting her way in court (and not the fact that it was proven that she lied to him on more than one occasion and lost additional credibility after being locked up for grand larceny). This judge has been fair in his rulings as we believe any other judge would be so it isn't so much of an issue if he is replaced. However, he seems to have pinpointed her character to a tee which of course works for us. Added to this we have also been caring for the children after school (no signed/court ordered document; just our documentation, diaries, copies of signed school work and keeping of returned HW) with no request for reduction in cs, and now she wants it increased! She doesn't even need to feed them during the week because by the time we return them they've already had dinner. I think she realises her position and is trying to pull a fast one on a new judge the way she had on this one when the case had first started four years ago. Thank you for any response I receive :)
 


BelizeBreeze

Senior Member
nu2itall said:
What is the name of your state? NY
Under what conditions can someone petition for a new judge in a child support case in NY? Is this usually granted? My husband's ex-wife claims that she is going to request a new judge to review their cs case.
She can request all she wants. But unless there is provable bias it ain't gonna happen.
She made a couple of racist comments about the current judge as being the reason for her not getting her way in court (and not the fact that it was proven that she lied to him on more than one occasion and lost additional credibility after being locked up for grand larceny). This judge has been fair in his rulings as we believe any other judge would be so it isn't so much of an issue if he is replaced. However, he seems to have pinpointed her character to a tee which of course works for us. Added to this we have also been caring for the children after school (no signed/court ordered document; just our documentation, diaries, copies of signed school work and keeping of returned HW) with no request for reduction in cs, and now she wants it increased! She doesn't even need to feed them during the week because by the time we return them they've already had dinner. I think she realises her position and is trying to pull a fast one on a new judge the way she had on this one when the case had first started four years ago. Thank you for any response I receive :)
Now, did the judge already rule on the support question?
 

nu2itall

Junior Member
He had ruled

and then my husband had to undergo surgery so he had put in a request for modification, when he was on his leave of absence which was granted for a short period of time and a court date was set for them to return to increase the payments based on the time they had allotted for him to return to work. On the day they were to go to court, she couldn't attend because she was in jail for grand larceny. Since the summer is coming, camp dues must be paid, but, according to the divorce judgment, it has to be done on a pro rata basis. Since it wasn't established before because of her jail house rendezvous, they do now need to go to court to have it established, so a court date is necessary. She also seems to believe she is entitled to my income (I don't have one right now I'm an international student and we just filed for my green card) but for future reference can she have my income considered when calculating cs- even though she is (or by that time will be) married to an unemployed person? Would my other obligations be taken into consideration ie, my loans (dear god there are so many), my (soon to be) adopted children and any children we do have? I am capable, once I start working to take care of my children and my financial obligations...our children together I believe are a responsibility we both share....do their children become my responsibility as well? Thanks again.
 

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