Legal Question in Family Law in New York
Lost Spousal Maintenance and Support
I left my husband and traveled to California on my own dime back in 1999. I paid an attorney up in New York to file and represent me where my ex resides. My dissolution became final in 2000. I was never provided for alimony or spousal support. I went into debt due to supporting myself on my own. I just found out that my attorney up in New York was disbarred and the period for his unethical behavior was during my dissolution period. I would like a new trial on my case and can I get my spousal support which should have been granted seeing I made less then my husband and made 6.50 per hour in california just to survive. My attorney did not defend my interests as he misrepresented my case against my ex husband. My ex husband is now retiring and has all this money for which I should have received additional amounts. Can I seek spousal maintenance for the period of time between my filing and the dissolution or extended beyond that period of time? I remarried in 2002 and would like to see if I am able to request a new trial for being misrepresented in the first trial along with spousal maintenance. What would an attorney in New York charge me for this re-filing of the original case due to misrepresentation? advise?
2 Answers from Attorneys
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.