Wednesday, March 19, 2014

Subpoena family court support do they have to be signed by magistrate and does other party need to be copied?

Q:  Other Party sent many letters and fax disparaging me to the magistrate. They were not refuse nor returned they were read and made part of the file. I leaned of one of the letters that as sent and asked her to recluse her self she refused stating she never read it but them refers to the contents in the proceeding. I viewed the file to find many letters and faxes very similar along with 12 subpoenas that I was never copied on. I want to file a complaint have it removed from her and be able to re-argue the case for support.

A:  David's Answer:  To make a proper record, you'd need to file a formal motion asking that she recuse herself. The initial ruling would be by her - if she refuses to recuse herself, get a court order from her denying your application & file an Objection appeal. Be sure to order a copy of the transcript of each hearing date. Schedule a consult with a Rockland/Westchester Child Support attorney for a full assessment.  -- David Bliven, Westchester Child Support attorney (

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