Legal Question in Family Law in New York

Can you get alimony four years after a divorce has been awarded?

I was married and divorced in New York. I was disabled at the time and my conditioned has worsened to the point that I can no longer work (on SSI). My ex-wife filed for a divorce and niether of us were granted anything from the other. I filed for a pendent lite but was denied.

Today my ex-wife is a surgeon and doing very well financially. Can I open up this case and request some financial assisatnce, since my current status is below the poverty level, and my physical status will not improve.

I also have moved to another state (indiana-where cost of living is less expensive). If I could file to reopen the case can I do it from Indiana, my legal state of residence and where I was deemed totally and permanently disabled?

thanks for your help.


Asked on 12/12/97, 11:11 am

1 Answer from Attorneys
John Hayes The Law Office of John M. Hayes

4 years later ->

The judgment & decree of divorce is designed to be a Final Final order governing / settling / resolving all the issues of the dissolved marriage. Unless the Judgment & Decree had within it at its creation provision for on-going payments or provision for petitioning for relief in the event of a change in circumstances {it would be a rare thing for a decree that included the latter in the absence of the former} ... where was I - unless the Judgment & Decree is Quite Specific about some 'continued/continuing' right ...the answer is NO.

Regards, etc.,

jmhayes

-> these musings are, you know, just a "seat-of-the-pants" analysis & are NOT intended to be construed as / understood as / utilized as Legal Advice & Counsel <-

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Answered on 12/12/97, 8:15 pm


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