Legal Question in Elder Law in New York

Re: Responsibility

You may File a Family Court (or Supreme Court) Petition (or Complaint) "Pro Se" for Spousal Support from your mother's husband.

If the husband has sufficient income or assets to pay for your mother to retain an attorney, the Court may order the husband to pay for an attorney for your mother, of her own choosing.

Suggest that, Prior and in Prep to filing in Court, you should have your mother ask her husband, in person and in a writing for the funds she needs for her care and support, based upon a written budget.

Unlike child support, spousal support is NOT based upon a uniform or set percentage of a payor spouse's income or assets. The standard for Spousal support is based upon "NEED," "Accustomed Standard of Living" and "Ability to pay."

Good luck,

Re: Responsibility

You may File a Family Court (or Supreme Court) Petition (or Complaint) "Pro Se" for Spousal Support from your mother's husband.

If the husband has sufficient income or assets to pay for your mother to retain an attorney, the Court may order the husband to pay for an attorney for your mother, of her own choosing.

Suggest that, Prior and in Prep to filing in Court, you should immediately have your mother ask her husband, in person and in a writing for the funds she needs for her care and support, based upon a written budget.

Unlike child support, spousal support is NOT based upon a uniform or set percentage of a payor spouse's income or assets. The standard for Spousal support is based upon "NEED," "Accustomed Standard of Living" and "Ability to pay."

You should also consult with an attorney to determine whether your mother is entitled to any other monies or assets from her husband, in addition to spousal support, before it's too late.

Good luck,