rules of evidence and more

[Jeremialjones]

What is the name of your state (only U.S. law)? ny

What is the name of your state (only U.S. law)? New York the question seems simple.... does a New York State Doctors prescriptions qualify in family court as evidence ?

If it doesn't ,please explain why..!!


Social Security retirement Benefits also seems to be an interesting topic as well in this court system and begs to be addressed

. This supplement given to the custodial parent may not qualify as income from the non- custodial parent but it is is still finances strictly ear marked for a specific child from a specific account earned by the retiree.

Can you please explain why this money is not automatically taken into account as part of the obligation by the non custodial parent ? As it stands a this moment my sole income is my retirement benfit at 63 and it has been garner-sheered at 60%


leaving myself $325 a month to exist on. At this time the Custodial parent is receiving a SS supplement check of $615 and another check
in the amount of $604. The court ruled that even though I am unemployed at 63 with 2 dense cataracts A NYS prescription was presented to the magistrate and was referred to and recorded as "A coffee Stained Receipt" and labeled not evidence of impaired vision and merely hearsay and that I can not be awarded a modification of my current child support of $640 but instead raised it to $721

PS. I am without funds and proper legal assistance

I obviously cannot afford counsel and legal aid informed me that it will not provide free counsel for the poor unless they are going to be jailed

Please adviseWhat is the name of your state (only U.S. law)?

 

[BL]

When was the court order of modification entered into the court record ?

In other words ,are you within the 30-35 days to file a written objection with the court clerk ?

Are you in child support arrears - meaning are you behind in payment obligations ?

 

[Ronin]

If I read this correctly, a prescription you tried to use as evidence was objected to by the other side and was not admitted as evidence.
Rules of evidence generally require that when an attempt to introduce evidence is denied, the one introducing the evidence must make a timely objection, state a legally justifiable reason for the objection, and make an offer of proof as necessary. If the judge overrules this objection, this may be then be appealed.

A failure to make a timely and proper objection generally waives the right to complain of it later.

It is conceivable this complaint could be raised in a motion for reconsideration, but given the judge refused the evidence once, it is likely he will refuse it again.

 

[BL]

If I read this correctly, a prescription you tried to use as evidence was objected to by the other side and was not admitted as evidence.
Rules of evidence generally require that when an attempt to introduce evidence is denied, the one introducing the evidence must make a timely objection, state a legally justifiable reason for the objection, and make an offer of proof as necessary. If the judge overrules this objection, this may be then be appealed.

A failure to make a timely and proper objection generally waives the right to complain of it later.

It is conceivable this complaint could be raised in a motion for reconsideration, but given the judge refused the evidence once, it is likely he will refuse it again.

There is a difference between the magistrate ( hearing examiner ) and the objection reviewed by the Judge .

The poster should submit a readable Prescription or statement by their doctor along with the coffee stained one ( copies of course ) with the written objection, TIMELY.

The issue of Soc. Security is correct however .

The SSI disability has nothing to do with theirs ,and Soc. Security benefits can be garnished .

My question of arrears has not been answered .

What If the Parties Disagree with the Support Magistrate's Order?

Both parties have the right to appeal the order by filing an "objection" within 30 days
of the date the order is sent to them. The objection must be filed with the court clerk's office,
with a copy sent to the other party. The other party may send a reply to the court. After reviewing the case file, a judge then rules on the objection. The judge may leave the order as it is,
change it, or send the case back to the Support Magistrate for further proceedings.
If either party disagrees with the judge's decision, the case may be appealed to a higher court

 

[You Are Guilty]

A prescription is evidence - your problem is that it is not evidence of an underlying medical condition, it is merely evidence that you have a prescription for something. If you want proof of a medical condition, at the very least, you'll need a notarized affidavit from your treating doctor(s). Although the court would be within its rights to require actual testimony from the doctor as well.

 

[Ronin]

I agree with both BL and YAG, and stand corrected on BL's note regarding the magistrates ruling, which can and should be objected to and subject to review by the presiding judge.

 

[Jeremialjones]

I am within the 30 day parameter

I am within the 30 day parameter and my arear payment set by the court is included in the monthly payment and coupon

The documents I have received are not readable by me as the 2 cataracts mask all of the gray lettering on a white sheet of paper. I am only able to navigate on the net by using a black theme on Firefox and windows explorer. I am not able to fill out the rebuttal form and I live alone, This is all known to the court, I told the magistrate that I live in an office room and do not have a residence I sleep in a chair and need my Social Security to get my eyes fixed as I do not qualify for medicaid.

When was the court order of modification entered into the court record ?

In other words ,are you within the 30-35 days to file a written objection with the court clerk ?

Are you in child support arrears - meaning are you behind in payment obligations ?

 

[BL]

I am within the 30 day parameter and my arear payment set by the court is included in the monthly payment and coupon

The documents I have received are not readable by me as the 2 cataracts mask all of the gray lettering on a white sheet of paper. I am only able to navigate on the net by using a black theme on Firefox and windows explorer. I am not able to fill out the rebuttal form and I live alone, This is all known to the court, I told the magistrate that I live in an office room and do not have a residence I sleep in a chair and need my Social Security to get my eyes fixed as I do not qualify for medicaid.

Call legal aid ASAP ,or elder source .

Get connected through a senior citizen's agency.

 

[Jeremialjones]

what?

Are you kidding me? this is your advice? to call someone else?
Read everything i wrote once again. legal aid has been called and will not represent me because its considered a modification. I have told you that the Magistrate lied in court and you are not willing to take a stand. I can not find an atty that will help a senior without a fee..... its a case of not willing to help out a senior. is anyone interested in seeing the NYS prescription that the magistrate called a coffee stained receipt ? let me know how to send it..!! I will send the transcript and the perscription..~~~ Question...if its true and the magistrate lied what do you suggest i do? Attorney General? File Charges? get back to me. Senior centers don't help...I tried Ciao

 

[Zigner]

Are you kidding me? this is your advice? to call someone else?

Sometimes, that is the best advice that can be given. Your problem is beyond the scope of this forum.

 

[BL]

Are you kidding me? this is your advice? to call someone else?
Read everything i wrote once again. legal aid has been called and will not represent me because its considered a modification. I have told you that the Magistrate lied in court and you are not willing to take a stand. I can not find an atty that will help a senior without a fee..... its a case of not willing to help out a senior. is anyone interested in seeing the NYS prescription that the magistrate called a coffee stained receipt ? let me know how to send it..!! I will send the transcript and the perscription..~~~ Question...if its true and the magistrate lied what do you suggest i do? Attorney General? File Charges? get back to me. Senior centers don't help...I tried Ciao

You need to find someone . A consult with an attorney or paralegal to help you fill out that objection ( with copies of proofs ) and file it timely .

Even if you have to pay a consult fee , it's worth it .

I sympathize with you .

Possibly contact a few Family Law Attorneys or firms on line and ask them if they would be so kind as to at least help you prepare the objection "Pro Bono", or ask the court clerk if they has a list on of attorney doing " pro Bono".

Family courts sometimes have advocates for DV cases that help and prepare documents .

Try see if the court you went to has an advocate .

And Yes , call or go see . Email a few attorneys .

 

[HappyWanderer]

Even in the expertise developed in a few minutes on the internet, evidence seems slippery. Why is it to be introduced? What is it an attempt to prove? Before those are answered no one can tell. From what I read, Ronin seems to have given the way to handle the procedure if an objection is made and upheld as to introduction of evidence.

You Are Guilty and BL give some reasons why it might not be admissible as "evidence".

 

[Jeremialjones]

sIR
I AM SORRY TO ANNOUNCE THAT YOU AND THE OTHERS HERE LIVE IN AN ENTIRLY DIFFERENT WORLD THAN I AND SO MANY OTHERS

NO ONE WILL HELP,,,,SAD BUT TRUE

THE QUESTION I NEEDED ANSWERED WAS ABOUT THE MAGISTRATE REFERRING TO MY EYE PRESCRIPTION TO HAVE SURGERY ON BOTH EYES AS MERELY A 'COFFEE STAINED RECEIPT' IS NOT TO BE TOLERATED AND MUST NEVER BE DISMISSED OR OVERLOOKED.

I CAN NOT READ MY MAIL

ONE MORE QUESTION

AM I ENTITLED TO HAVE A COPY OF THE CD THAT WILL BE SENT TO THE TRANSCRIPTIONIST ? IF NOT PLEASE EXPLAIN THE JUSTICE IN THIS. IT SEEMS THAT IF I AM QUESTIONING THE HEARING , I MIGHT AS WELL QUESTION THE WHOLE GROUP. PLEASE ADVISE ME ON GETTING THE CD AND THE PROCEDURE

PS...I DO NOT HAVE ANY MONEY....I HAD TO BORROW TO PAY THIS RENT

You need to find someone . A consult with an attorney or paralegal to help you fill out that objection ( with copies of proofs ) and file it timely .

Even if you have to pay a consult fee , it's worth it .

I sympathize with you .

Possibly contact a few Family Law Attorneys or firms on line and ask them if they would be so kind as to at least help you prepare the objection "Pro Bono", or ask the court clerk if they has a list on of attorney doing " pro Bono".

Family courts sometimes have advocates for DV cases that help and prepare documents .

Try see if the court you went to has an advocate .

And Yes , call or go see . Email a few attorneys .

 

[Zigner]

You need to find somebody - your problem is beyond the scope of this forum.

 

[BL]

sIR
I AM SORRY TO ANNOUNCE THAT YOU AND THE OTHERS HERE LIVE IN AN ENTIRLY DIFFERENT WORLD THAN I AND SO MANY OTHERS

NO ONE WILL HELP,,,,SAD BUT TRUE

THE QUESTION I NEEDED ANSWERED WAS ABOUT THE MAGISTRATE REFERRING TO MY EYE PRESCRIPTION TO HAVE SURGERY ON BOTH EYES AS MERELY A 'COFFEE STAINED RECEIPT' IS NOT TO BE TOLERATED AND MUST NEVER BE DISMISSED OR OVERLOOKED.

I CAN NOT READ MY MAIL

ONE MORE QUESTION

AM I ENTITLED TO HAVE A COPY OF THE CD THAT WILL BE SENT TO THE TRANSCRIPTIONIST ? IF NOT PLEASE EXPLAIN THE JUSTICE IN THIS. IT SEEMS THAT IF I AM QUESTIONING THE HEARING , I MIGHT AS WELL QUESTION THE WHOLE GROUP. PLEASE ADVISE ME ON GETTING THE CD AND THE PROCEDURE

PS...I DO NOT HAVE ANY MONEY....I HAD TO BORROW TO PAY THIS RENT

When you file your written objection TIMELY , a Judge will review the decision and evidence(s) presented ( if you have addition evidence supporting what was presented supply it - IE: a statement by the DR. along with the stained RX ),listen to the recording of the proceedings ,and make a decision .

Have you even emailed a few family law attorneys to help you ,as a courtesy ?

Contact you assembly person , or congress persons office ASAP .

You have to get that objection in .