• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

should i get a lawyer?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

What is the name of your state? ny
Well went into court on Monday. Ex called at 8:45 am saying his truck was broken down at exit 24 right outside of the county (yeah right even his court appointed lawyer said "of course it is"). It was for a confirmation hearing to confirm magistrates recommendation of75 days committed to county jail.

Went in Judge was confused again cause we have had so many petitions the new findings of fact didnt specify the things he wanted so he asked to get something (i couldnt hear) then one of the ladies went and got another woman (maybe someone to look into amounts of support or support records). When she came in he asked to speak to only attorneys, so i left room. Well I guess judge looked at the history and said he has a long record of this and "hes at the end of his rope". Said if both sides couldnt agree on something then he has no choice and asked "what is left for me to do?" He also said unless he comes up with a large payment, what is left to do? (meaning jail time).

So my lawyer can no longer appear for me and had to withdraw because he was got a job working for county and the next court date is in March (we were hoping it would be over with this last court date this past Monday). He gave me a list. But they range from $1500-$5000. I dont have that type of money.

If I cant get anyone I will just go alone. Im hoping this is last date and hopefully judge will end it. He made a new date for ex to appear in person and made court time for afternoon hopefully he can get here in time and also said unless he comes up with a large payment theres nothing left for judge to do(assuming jail time). Im not sure whats going to hapen at this date as ive never been through this, Can someone tell me what exactly goes on and what is asked, what do I have to do to represent myself. Most work is done just this last ate and judge knows hes got ahistory of not paying.

This is going to go one until she is 21 I may as well just let what happens happen and save my money. Do you think I should pay for a new lawyer or save my money? My other lawyer had done a lot for me for no charge because he knew what i was going through and a family member he went to school with referred me to him.
 


>Charlotte<

Lurker
I'm going to answer your question with a question and hope someone who actually knows comes along and responds, but...

If he has a court appointed lawyer, and if this has progressed to him facing jail time, isn't this now a criminal matter instead of a civil one? And if it's a criminal matter, she's not actually the "prosecutor" at this point, right? And the only thing to be contributed by her side is testimony and confirmation that he has not met his obligations? I'm just thinking if that's the case, she really has no need for an attorney for the purpose of this next court date.

I hope I'm right, OP, but if I'm not someone will surely say so. Good luck!
 
I'm going to answer your question with a question and hope someone who actually knows comes along and responds, but...

If he has a court appointed lawyer, and if this has progressed to him facing jail time, isn't this now a criminal matter instead of a civil one? And if it's a criminal matter, she's not actually the "prosecutor" at this point, right? And the only thing to be contributed by her side is testimony and confirmation that he has not met his obligations? I'm just thinking if that's the case, she really has no need for an attorney for the purpose of this next court date.

I hope I'm right, OP, but if I'm not someone will surely say so. Good luck!
I dont know much either. It is criminal now i believe, because of facing jail time but still in family court. I was advised to get a new lawyer. But if this is last date of this, and judge already feels this way i am leaning to save my money for bills or another petition in court (he wont let this go-hes filed 3 or 4 mod petitions before my recent petition-current one).

And was wondering how to proceed on my own. I will not be able to agree with my ex cause he wants a added stipulation of me cutting support in half and i cant do that.
 

Ohiogal

Queen Bee
It was a contempt motion from the sounds of it and hence criminal. You don't necessarily need an attorney for this if you are not the one found in contempt -- which it appears you were not.
As for assuming he meant jail time, never guess what judge means. Only go by what the judge says.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top