Legal Question in Family Law in New York

i am terribly confused

i have been going through my divorce proceeding for over 2 yrs, it is allegedly a ''very simple'' divorce, except my ex refuses to agree to anything, including showing up to court.

My ex has been diag. with MS since filing for divorce and claims to not be able to work. She has a internet business that she started since filing but never admitted to it through ebt's. the point is that my attorney has recently said that they are willing to impute 15k as income for my ex in relation to maintenance, but the problem is she pays more than that on her credit cards every year, when asking about this she claims it is a ''gift'' from her father (which she has poa over) My lawyer says that it is geneorous that we get to impute that amount?

That doesnt make much sense to me since she obviously has more money available to her than she is admitting to.

NYS Domestic Relations law Section 242 states that the court can consider gifts as income

Are there certian restrictions to this consideration???

The second question is one of opinion really, based on the limited info, do lawyers get tired of a case and just try to settle it to get it over with, without it being in the best interest of a client?


Asked on 3/05/07, 9:44 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: i am terribly confused

Everything in law is a matter of opinion - your concerns are valid and may be well grounded. If you are unsure of the quality of representation you're getting, you shlould consult with another one or two qualified attorneys as soon as possible. Gather all of your papers so your case can be properly reviewed.

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Answered on 3/05/07, 11:17 pm


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