Lawyer not allowed

[lbugin]

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

My husband is in a battle for support. The mother is saying she has witnesses willing to testify that my husband works when he's can't and on disability because of it. I wish he could.

The judge has said he is not allowed a lawyer and is threatening jail time. Can this be legal? Should we ask for a new judge?

 

[Antigone*]

Please se OP's posting history There is a lot more to this story.

 

[Isis1]

Please se OP's posting history There is a lot more to this story.

i'll hold on to drinking my coffee until then.....

 

[Zigner]

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

My husband is in a battle for support. The mother is saying she has witnesses willing to testify that my husband works when he's can't and on disability because of it. I wish he could.

The judge has said he is not allowed a lawyer and is threatening jail time. Can this be legal? Should we ask for a new judge?

I'll take a poke at THIS post:

1: The judge did NOT say your hubby can't have a lawyer...and you wouldn't know anyway, since you're not a party to the case.

2: YOU can't ask for ANYTHING. It's not your fight!

 

[BL]

I will only comment that Lawyers are allowed ,especially when one is facing contempt and incarceration .

 

[Radia]

Is this a situation of not being approved for a court appointed attorney...

Because... if a judge didnt allow an attorney in a case of the nature described that would be violation of due process... and I call BS. There has to be more to this lol.

 

[Isis1]

Is this a situation of not being approved for a court appointed attorney...

Because... if a judge didnt allow an attorney in a case of the nature described that would be violation of due process... and I call BS. There has to be more to this lol.

honestly, i think the OP has go the info all wrong. i seriously doubt any judge told anyone they were not allowed an attorney. what i think the OP is misinterpeting, is the judge stated there would be consequences if the OP's husband proceded in further action. the jail time threat, might be for the seperate matter of not paying child support.

 

[Radia]

honestly, i think the OP has go the info all wrong. i seriously doubt any judge told anyone they were not allowed an attorney. what i think the OP is misinterpeting, is the judge stated there would be consequences if the OP's husband proceded in further action. the jail time threat, might be for the seperate matter of not paying child support.

Ah true, true.

 

[cyjeff]

What I CAN see happening is that the OP decided that she was going to act as dad's attorney and the judge threw the BS flag....

How close am I?

 

[Radia]

OR... She isnt attending court because it isnt her issue and her husband is lying to her or misunderstanding it and relating that to her as well..

I cant imagine someone who is not an attorney trying to representing someone else. I wouldnt want that burden on my head.

Do people really do that? I need to spend more time at the court house watching cases... LOL!

 

[Just Blue]

What I CAN see happening is that the OP decided that she was going to act as dad's attorney and the judge threw the BS flag....

How close am I?

You are so close that a gnat couldn't skivvy between what you are posting and the OP's hubby's legal situation.

 

[Proserpina]

You are so close that a gnat couldn't skivvy between what you are posting and the OP's hubby's legal situation.

Blue, I do love you so

Though my monitor - once again - hates both of us...

 

[Gracie3787]

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

My husband is in a battle for support. The mother is saying she has witnesses willing to testify that my husband works when he's can't and on disability because of it. I wish he could.

The judge has said he is not allowed a lawyer and is threatening jail time. Can this be legal? Should we ask for a new judge?

Why is your husband going to court?

Did he file for a modification of the order?

Or, has a contempt motion been filed against him for non-payment?

 

[LdiJ]

I'll take a poke at THIS post:

1: The judge did NOT say your hubby can't have a lawyer...and you wouldn't know anyway, since you're not a party to the case.

2: YOU can't ask for ANYTHING. It's not your fight!

NY does give court appointed attorneys for family law cases. Therefore I suspect what happened is that for one reason or another, he wasn't eligible for a court appointed attorney.

 

[BL]

NY does give court appointed attorneys for family law cases. Therefore I suspect what happened is that for one reason or another, he wasn't eligible for a court appointed attorney.

To clarify .

NY allows appointed attorneys for Custody/Visitation matters .

NY does help with domestic violence cases .

NY does not appoint attorneys for basic child support matters .

One can retain their own to represent them.

If an individual is facing contempt and incarceration ,then it is may understanding the court will appoint one .I'm not possitive ,it may have to be criminal first.