Legal Question in Family Law in New York

retroactive spousal maintenance in ny state

I was divorced less than a yr ago. I recently learned that the alimony should have been paid retroactively. According to: Lapham v. Ruflin,241 A.D.2d969,661 N.Y.S.2d 373 (4th. Dept. 1997); also Frank v. Frank, 242 A.D.2d 892, 662 N.Y.S.2d 888 (4th dept. 1997); cf CPLR 203 (c). I was not aware of this until recently, and had I known I would have pursued this. My attorney did not mention this at all, at the time. When I brought this to his attention, he said that I could not pursue it now. Is there anything that can be done now? Is there anything that I can do to make my attorney responsible for not looking out for my best interest in this matter?


Asked on 4/20/07, 5:24 pm

2 Answers from Attorneys
Matthew Hogan Law Office of Matthew S. Hogan

Re: retroactive spousal maintenance in ny state

If you entered into an agreement and were represented by an attorney you are probably stuck and cannot get retroactive maintenance

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Answered on 4/20/07, 6:46 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: retroactive spousal maintenance in ny state

You might have grounds for a motion to Re-Settle certain terms or provisions of your Judgment/ Settlement Order, if there was a miscalculation of the numbers or a similar "mistake," (Which, might give you the opportunity to "visit" your "outstanding" claims).

However, unlike child support, alimony (or spousal support) arrears, must be Specifically determined, As Necessary, for the time period, in question and can be offset.

As a result, obtaining a Judgment for alimony arrears, (even during the proceeding) is not pro forma. Determinations often require extensive discovery, documentation, proof, witnesses, in depth investigation of a claimant's lifestyle choices and hearings.

Thus, a "late" application for alimony arrears, could be denied to you on grounds of waiver, estoppel, etc.. Or, on grounds that the Court considers your application to be moot, redundant or a waste of resources.

Good luck,

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Answered on 4/20/07, 7:13 pm


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