Legal Question in Family Law in New York
Settlement agreement
My divorce was final 3 months ago, I was to get half my husbands pension. We also have a dog, there was not anything in the agreement about sharing custody of the dog. The dog is with me. He has refused to pay me until I let him share the dog. I have not recieved any money in 3 months, and any other things that was in the agreement. He is now sueing me. Can he do this?
2 Answers from Attorneys
Re: Settlement agreement
Anybody can bring a lawsuit - winning it is a different story. It is likely that your divorce agreement or judgment stated that you had already divided your property or the agreement divided the property, and then referred generally to property which was already in your possession which would be considered yours. Please do not view your pet as a person. Pet animals are considered to be property, and therefore, the terms of your divorce agreement or judgment disposed of the property. Our office is available to review your documents and submit a defense on your behalf.
Re: Settlement agreement
Divorce is always difficult. There is always something to fight about. For you, it is the dog.
However, your ex must follow through on all of his committments regardless of this issue. He has no legal excuse. You must go to the courthouse and report his withholding of his legal obligation. The courts have a child support enforcement department. They will assist you. You will need further assistence (they will record the lien and prevent renewal of his drivers license) but you will need assistence in seizing his bank account and garnishing his wages.
He will likely bring a motion on notice before the court to gain custody of the dog. You will need assistence to oppose this.
This is all very difficult and hard on both of you, but this is divorce. I know, I see this every day. (ps - I have a wonderful doggie of my own. My wife loves the dog (Woof is her name) also. I joke that she married me for 1/2 interest in the dog. God forbid, if we divorced I would be lost. And even a little more lost than that if she got the dog.)
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