Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
Letter from attorney to opposing counsel requesting documentation concerning homestead exemption for change of venue motion.
➢ Call to make an appointment: (631) 854-3183 A worker will call you back within one business day to answer any questions, determine the appropriate petition to file and discuss the documentation you must provide.
Although you do not need a lawyer to pursue a child support case, you should consider hiring one. A family lawyer specializes in family law and can help you navigate the process. In some cases, you may need to hire a private attorney.
➢ Call to make an appointment: (631) 854-3183 A worker will call you back within one business day to answer any questions, determine the appropriate petition to file and discuss the documentation you must provide.
A demand for a change of venue based upon the designation of an improper venue must be made in writing, with or before service of the answer. CPLR § R511(a); Dockets Search. The demand must state that the action be tried in the county the defendant specifies is proper.
A custodial parent may file a petition with their local child support agency. That petition will then be forwarded to the New York City Law Department office in the county where the non-custodial parent resides. This matter will then be litigated in the New York City Family Court located in the same borough.
In order to respond to a motion or an order to show cause, you must prepare answering papers. If you disagree with what is being asked for in the motion or order to show cause, you must prepare an affidavit in opposition (see Exhibit A).
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
The Order to Show Cause often contains a direction to the parties that they stop some specific activity until the court hears or decides the motion. The Order to Show Cause is supported by an "Affidavit in Support," and copies of any documents that support the request and would help the judge make a decision.