Legal Question in Family Law in New York
Extorsion
2 years ago, my father had an affair.
He left home, promising my mother
he would pay the mortgage if she
covered the rest of the expenses.
Recently they have been negotiating
the terms of the divorce via their
legal counsel. My mother has put an
offer on the table for the divorce
that he does not agree with. He
sent her a letter stating he will stop
payment on the mortgage unless
she agrees to HIS terms of the
divorce by March 1st. He knows full
well that she cannot afford to pay
the mortgage without him and is
using it as leverage to get her to
agree to an unfair divorce
settlement. Is he allowed to do this?
Is it criminal? Can she bring charges
against him? He has been so
heartless throughout this ordeal, I
am afraid that he will make off with
money that is owed my mother (and
more considering she is paying for
raising my brother still!)
Thank you!
2 Answers from Attorneys
Re: Extorsion
Your mother SHOULD HAVE A LAWYER, TO PROTECT HER INTERESTS.
Your mother's lawyer should consider protecting your mother's interests by preparing "papers" for the Court to "stop" "enjoin" or prevent any and all changes that may affect your mother's interest or entititlement to marital property, support or maintenance, during the pendency of the divorce process.
Good luck,
Re: Extorsion
As your mother has legal counsel, she must work through him. What he is doing may be unconscionable, but not criminal. Her attorney has the tools to deal with this.
Let her get his wise advice.
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