Legal Question in Family Law in New York
Friend needs help, estranged spouse getting nasty
My friend needs help. She left her husband over a year ago (no formal separation agreement). While she has tried to be ''nice'' with him, things have gotten rather nasty, to the point where, if they weren't married, he would probably be in jail. (Things such as fraud with signing a check for $20000 which was made out to both of them and taking mail from her mailbox) The local authorities won't deal with it, and she can't afford a divorce due to lack of financial ability to pay. She had agreed to accept only $70 in CS for 2 of her 4 kids (he won't recognize the other 2) when she was entitled to more than $250/wk, and child support enforcement says she has to wait 3 yrs to modify the order, or have a substantial change in circumstances. He is determined to break her, and so far, it seems as if the law is on his side. Does she have any recourse? Can she get a fair divorce without an attorney? Can she have lawyers fees included in the divorce? Can he seemingly break the law and do this to her? All she wants is to be free of him.
2 Answers from Attorneys
Re: Friend needs help, estranged spouse getting nasty
She needs to consult an attorney.
NYS law provides for attorneys fees when once spouse can't pay.
She shouldn't agree to anything else, and should retain an attorney immediately. She can sue for paternity in family court. She should not accept less than what she is due for child support.
Re: Friend needs help, estranged spouse getting nasty
There are several low cost solutions to your friend's divorce problems. Lawyer fees should not prevent her from getting a fair divorce settlement. Please call. 212.883.1963
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