Legal Question in Family Law in New York

Re: Lost Spousal Maintenance and Support

This is an interesting case.

While the Courts are reluctant to reopen cases like this where there are no children, this is an unusual case. You have an excellant chance of reopening.

If the case is reopened, then it is as if the other did not happen and you are eligible for any relief for which you were eligible then. If you were entitled to support then, you are entitled to support now for the period under question.

Your case is almost 100% if the lawyer was disbarred at the time he represented you and very good if the actions for which he was disbarred happened within 1 year of the time your case ended.

For a case like this, I would charge $500 to do the investigation and file the motion for the reopening and then $500 for pre-trial work. That may cover almost all of the case. However, in the case of a trial, my fee would become hourly.

You are welcome to a consultation for no fee.

Re: Lost Spousal Maintenance and Support

First of all, most attorneys in New York will charge by the hour (anywhere from $150 to $750 and beyond). They will also require that you give them a sum in advance (called a "retainer") to guarantee that they will be paid.

It is generally difficult to reopen a divorce judgment, but you may have grounds here. Your attorney must take a good look at all of the facts and circumstances to determine the likelihood of success. This assessment should take place very early on so that you may make an informed decision as to whether you wish to pursue the matter.

If the court reopens the case, everything is back on the table. Depending on the facts and circumstances, you may be awarded temporary maintenance and an "equitable" portion of your ex-husband's pension.

Please note that my hourly rate is $175. I am located in New York City. If I can be of assistance to you, please contact my office at (212) 971-1384.