Legal Question in Family Law in New York
Property
My father went through a divorce about 2 years ago in NY. As part of the settlement he was to pay support every month. The support agreement was terminated by a judge due to him becoming disabled and unable to work. My fgather was given a gift of property from his father. My father then transfered it to me and his live in girlfriend (due to legal fees he still owes her from the divorce). All the transfers happened without any money being exchanged. My mother is now suing my father for back support saying he had a way to pay her with the property he acquired. Does she have a case here?
1 Answer from Attorneys
Re: Property
If your father was not in arrears, nor in violation of an EXISTING court order, or support obligation, your mother is unlikely to succeed in "reinstating" the support Order "retroactively" to collect arrears, (from property your father no longer has).
If your father engaged in fraud or misrepresentation respecting his petition to vacate the support order, originally entered, then your mother may have a strong case.
However, it could be argued that the money or property was "intended" for you (a "natural" beneficiary of your paternal granfather).
But, With respect to the transfer to the girlfriend, your mother may have a supportable "cause of action", to sue the girlfriend, on grounds of "constructive trust," ie., for your mother's interest in and "Need" for support, from money and property, that your father hide or transferred to another, without fair consideration or good cause.
Good luck,
Phroska L. McAlister,ESQ
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