Legal Question in Family Law in New York

divorce stipulation appeal or modification

My divorce was settled 4 years ago after 2 years of ex refusing to move from home and harrassing me and creating bad environment for kids. The stipulation stated I could stay in marital home for four years and then give him 40%. He is a wealthy business owner (whom I hired forensic accountant to get more CS $) and continually underreports income to IRS. I cannot afford to give him $ now and he already has his own home for two years. Children want to stay with friends and in schools here. I have sole custody of children. I don't know what to do as I cannot afford any housing in this area (there is no mortgage on this home, I only pay taxes and regular bills and care for kids from CS and my part time jobs. Youngest child is 7...what would my chances be of getting more time or even the whole house from him as he doesn't need $ to survive only wants to buy boats and cars with it. I'm desperate and need help. Since I have financial difficulties would he be able to take my children from me--always threatened that. What would happen if I just stayed in the home. I really can't afford lots of $ on attorney fees. Please advise.


Asked on 2/24/05, 10:47 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: divorce stipulation appeal or modification

You might have grounds to motion the Court for a Stay of Execution of the Order, for "good cause." If you have complied with all other terms of your divorce settlement and have consistently acted in "good faith;" and have been diligent in attempting to adhere to the terms of the Order, the Court may grant you an extension of time.

However, if you had an affirmative obligation to find other housing accomodations. OR, to pay your EX, his share (for whatever reasons, the Court required you do so, when you children are still so young), then you may have a difficult time of it. It will probably not be impossible, but you need to immediately put a PLAN forward to demonstrate how you will comply with the Orders of the Court; and obtain new counsel.

Good luck,

Phroska L. McAlister,ESQ

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Answered on 2/27/05, 1:16 pm


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