Legal Question in Family Law in New York

Need Help

I am a single mother of two and have been separated from my husband for a year here in New York State. We have been married for 13 years. I am a full-time graduate student and am not employed. I presently receiving 155.00 a week in child support, therefore I cannot afford an attorney. We have already gone through family court for the custody and support orders. So, that is all completed. I have contacted legal aid for help but they are informing me that they may not find an attorney who wants to take the case because he has approximately 32,000 in a 401K of which I feel I am entitled to a portion of. I contacted the attorney who the court assigned me through family court and he said it would cost between 1200.00 - 1500.00, there is just no possible way for me to do this. What are my options here, can I file myself...all I want is out of this marriage and to move on.


Asked on 7/19/06, 2:00 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Need Help

You can ask the Court to Order your husband to pay for your legal fees, based upon your need for same; and his ability to pay.

You may submit a "Pro Se" Motion or Order to Show with your attached affidavit and proof of your need, requesting a Court Order for your Attorney retainer and other fees.

Such an application and order, may encourage your husband to negotiate and settle.

But, please, Do not relinguish your entire share of marital property. Children and books need lots of money.

Good luck,

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Answered on 7/19/06, 2:29 pm


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