Legal Question in Family Law in New York

My ex-husband is a partner in a law firm ( Corporate, not divorce law) and has not ceased to harass me since the divorce. He has sent me several "notices of default" over trivial aspects of our agreement, such as " he is not listed as an emergency contact on a form" or "he did not put his consent in writing prior to a vacation" etc..It is constant emotional and legal harassment. In addition, he is taking me to court to get a downward modification of child support and wants a long lengthy litigation rather than negotiate a compromise due to the economy. Basically, he is trying to wear me down financially, emotionally and mentally. We have a 7 year old son who lives with me and he does not take the welfare of him into consideration at all. He is using him as a pawn in the process. It seems he is getting away with all of this because of his position as a lawyer ( I am a teacher) and there is no recourse for me other than continuing to pay lawyers to defend me when I have done nothing wrong. Is there anything I can do to gain some leverage with him ?


Asked on 9/14/09, 6:31 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Unfortunately it is not uncommon for a parent (lawyer or not) to use a child as a pawn in a divorce proceeding. There isn't much you can do about that.

But your lawyer(s) should be filing motions seeking to have him pay legal costs if there is a substantial disparity between your income and his. A court will normally make an award of such costs, particularly if the judge sees a pattern of unnecessary litigation by the party with the advantage in financial resources.

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Answered on 9/19/09, 8:42 am


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