Legal Question in Family Law in New York

received notice of motion to dismiss

I have just received a notice of motion to dismiss a modification of child support in connection with an opting out agreement. I am the petitioner. I do not know how to answer this notice.


Asked on 10/29/08, 5:30 pm

1 Answer from Attorneys

Joel Salinger Law Office of Joel R. Salinger

Re: received notice of motion to dismiss

First, you should not be going into this action without counsel. An attorney can act quickly on a situation like this.

Second, without seeing the motion, I can only give you very limited guidance. Read the reasons for the motion, write down on a separate piece of paper each point/arguement that the other side is making as reasons to dismiss, then write down all of the answers that counter the arguements of your opponent.

Third, go to the clerks office at the family court, they should be able to give you an outline or format that the motion and your response must be in. Using the work you should have already performed, attempt to write an answer to their motion in the format that you got from the clerks office.

If you would like to discuss this matter further you can contact my office at 516.746.4747 or at [email protected].

Joel R. Salinger, Esq.

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Answered on 10/29/08, 6:45 pm


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