How do I reply to a sur-reply affidavit in my divorce? 1 Answers as of February 27, 2011

I am in the middle of a post divorce proceeding involving child support modification for my 21 year old son, and my ex wife is asking for monies that are not my responsibility. We had an appearance, and we are allowing the judge to decide the case on papers submitted, no trial. The defendant wanted more time to submit more papers and that is when I was served with a sur-reply. I have 1 week to answer. How do I respond?

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Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
As a general rule under the CPLR which is what rules these things, there is no response available to a Sur-Reply Affidavit. However, if something new (meaning new information or something that has never been raised before in prior documents)has been raised in the other side's Sur-Reply, then you may wish to write an immediate letter to the Court and note that since a Sur-Reply is not to contain any new information. You may also respond to the new inforation, however, it is not likely that the Judge will even consider the letter. But at least you can try. Good luck.
Answer Applies to: New York
Replied: 2/27/2011
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