Legal Question in Family Law in New York

Divorce

I am in the process of going through a divorce (we are just at the point of discovery. My ex and 2 of our children(ages 10,13) live in the marital property jointly owned with my sister. Myself and my oldest son are renting a 1BR. My ex and I also own a time share. I can no longer keep up payments on the marital property, time share and rent on our apt ( I'm in the red each month and have gone through savings). I want to stop payments on the house and timeshare (my sister is in agreement) but want to know if I'd be forced to maintain the house or even another property for them? My ex has only worked sparadically part time.Please advise as I will have to stop payments next month as I have no more money. Thank you or your time, I can be reached by e-mail as I work long hours.


Asked on 10/05/03, 6:40 pm

4 Answers from Attorneys

Daniel Clement Law Offices of Daniel Clement

Re: Divorce

You did not provide enough facts to answer your question. For instance, are oyu maintaining the homes pursuant to an order. If you are represented, you should explore your options with your attorney. If not, you should retain one.

Daniel Clement

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Answered on 10/07/03, 2:08 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Divorce

It appears you have been supporting your husband and children in his custody for a period, that may doom you to continue paying for same according to your ability to pay. You have already established the need by your conduct.

However, before discontinuing payments ask your attorney to present this situation to the Court, and get a Temporary Court Order for Support and or Maintence that is more reasonable.

If you unilaterally discontinue the support and payments being paid, you will appear to be acting in "bad faith" and probably find yourself the Respondent in your husband's application for everything he has been getting ( and he would have a good chance for suceeding.)

In sum, Go TO COURT BEFORE YOU MAKE ANY CHANGES.

GOOD LUCK,

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Answered on 10/06/03, 12:08 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Divorce

It does not appear that you are represented by counsel. That is a mistake.

Once he knows ALL the facts, a lawyer will help you strategize (and conclude) the divorce case. You and your son will no longer have to live in a one-bedroom apartment.

Suggest you consult with an experienced matrimonial attorney.

If you wish to schedule a confidential consultation, please give me a call.

FYI - I practice in NYC and Long Island.

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Answered on 10/08/03, 1:44 am
Seth Kaufman Seth M. Kaufman

Re: Divorce

You do not give enough information. Specifically, you do not state whether you are making any payments to maintain the properties or otherwise support your ex and two children pursuant to court order. You must comply with any existing orders and make an application to abate any responsibilities you cannot meet. You do not have to continue making voluntary payments that you cannot afford. Please call me at 212-367-9167 to discuss your case. I do not charge a fee for the initial consultation.

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Answered on 10/06/03, 10:32 pm


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