Legal Question in Family Law in New York

catch 22
I am legaly married but neither have common household
nor sex with my husband. I am forced to share 1 bedroom apt
with him, so I and 15 year daughter live in one room, husband lives in another. I recently filed petition for child support because he doesn't pay any penny for kid, however case was dissmissed based on FCA#413(Matten of Mary V.B. v Jane xs 226. A.D. 2D 714,641 N.Y.S.2d/711 9/2/1996).
Hearing examiner states that state can't interfere in internal family issues and husband has the same custodian rights as I, so I don't have money for contested divorce which stipulates all this problems. To get uncontested one for free is impossible due to his blackmale - ''I sign divorce if you sigh you don't pretend for child support''.
So its catch 22.
I would appreciate any authentical information regarding this situation.

Asked on 3/05/03, 11:36 pm

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

0 users found helpful

0 attorneys agreed

Re: catch 22

In NY, the court can award you counsel fees as part of a divorce case.

Suggest you consult with an experienced matrimonial attorney.

Answered on 3/06/03, 8:37 am

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