New York | Family Law
Legal Question
I would like to thank who is helping me, in advance.
As of now, I am going through a long divorce, from a woman that choose the bottle over me. Just to set the stage. Our three children dist her also. I had to drop my lawer, ran out of money. WE have nothing. The settlement agreement has been signed. I WAS NOT CAREFUL. It states, and I quote; It is agreed by the parties that they shall each be responsible for their own atorney's fees associated with preparing and executing this Agreement. That they further agree that each party will be responsible for their own attorney's fees associated with a divorce action END OF. Also,Penalties of default, noncompliance, and debt are mentioned. She cash advanced OUR credit card to pay her attorney, that I am responsible to pay the debt on the card. is this not her debt? Judgment of divorce and finding of fact and conclusions of law, are now on the table. I got the shirt on my back, all the debts or anything associated with debt. Nothing from before we were married, or gifts that I recieved from third parties. What can or should I do about the money on the card?
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Legal Answer
You need to bring this to the attention of the court, bring a motion to open the settlement due to fraud. Her actions can be sanctioned or the debt could be transferred to her if you can prove that the credit card bill was used for the attorney. Proving that will be difficult, you will need a paper trail or witnesses.
Joel R. Salinger
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Law Office of Joel R. Salinger 354 Veterans Memorial Highway, Suite 2 Commack, NY 11725
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