Staten Island, NY asked in Child Support and Family Law for New York

Q: Is there a time limit for NY magistrates to make a decision on motions ? (Motion to Vacate Default Child support Order)

At the hearing, magistrate reserved the case for decision, then nothing happened for almost 2 months now. I call the court every week and there is nothing released.

Related Topics:
1 Lawyer Answer

A: Article 22 of the Civil Practice Law and Rules (CPLR) in §2219 requires a court to enter an order on motion on or before sixty days after submission of the motion. "Submission" means the motion, opposition, and any reply are filed, and the court says the motion is "submitted." However, child support court is special.

The state obtains a matching fund for child support enforcement which means the court will not lightly vacate an order of support. This suggests the court is conflicted between dispensing justice and watching out for the court's best interests. The asker must expect tricks: the motion was not fully "submitted," there are defects in the motion (missing notarization of the asker's signature), the motion was not "submitted," the arguments required for the motion (reasonable excuse and meritorious defense) are missing, and so on. These reasons for delay/denial all sound so legal, but in fact reflect the court's entanglement with federal requirements for payment.

A retained lawyer could have explained this to the asker in confidence so we would not have to on this public forum.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.