Legal Question in Family Law in New York

I currently have a pending support trial in Cayuga Co Family Court and can not afford an atty. I am the custodial parent of the child the joint is split 60-40 At our previous hearing I was informed by the respondents atty that his client is broke and currently has abolished his company that he was owner of out of North Carolina (at one point we did have a interstate compact support order in place that was terminated by the state of NY on 4-2010 because the respondent had temporary custody of the child while we went through custody trial.) The respondent in the pass was pay a monthly support order of 600.00 a month plus health care coverage (for one child)

Currently I believe the respondent is working under the table for himself and for a few friends but I am not able to prove this I know that he has liquidated some of his assets such as a house a boat a car and i believe stocks, bonds and bank accounts.

I don't believe in taking this parent through the ringer but I do expect for the non custodial parent to help pay for things such as school supplies, school clothes, rec activities such as scouts and so on I don't think this is being unreasonable.

What would be my best approach to this Should I try to see if his atty and him will agree upon a reasonable (such as 8.75 per day = 265.25 a month) number before the trial or go to a trail that i cant afford an atty for and don't know how to prepare for, i am not sure what I am entitled to ask or see such as financial statements and so forth.

Thank you in advance for any advice or help you can offer in this matter


Asked on 10/12/10, 10:05 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Tomorrow morning, contact the Bar Association for their pro bono program . Although a new law went into effect Oct 12 which requires the more monied spouse to pay for, at least part, of the less-monied spouse's legal fees, your action was filed before. However, that does not mean youo won't get financial help for legal fees but it is not as clear-cut as post-Oct 12th.

In Suffolk County (Long Island), we have four main groups handling pro bono services-Legal Aid for criminal matters, Nassau/Suffolk Law Services for cases such as family law, and Touro Law School's clinics for many areas, including Elder Law and Family Law, and the Suffolk County Bar Association. Then, various projects are instituted where the SCBA, N/S and Touro Law join forces (such as the pro bono foreclosure program). Sometimes, you receive a staff attorney from one of these places and other times, a private practice attorney takes the case. So, see what resources you have near you.

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Answered on 10/17/10, 10:20 am


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