PhoenixRising
(Carpal \'Tunnel)
06/04/08 10:28 AM
Re: Lawyer fees in Petition.

Stuck,

Your lawyer continues to scare me.. But on this issue, I am going to "assume" that you misheard your attorney; why would he/she so blatantly lie about something you can look up for yourself?

NYS Statute: DRL Section 237(a) is provided by the NYS legislature as a part of public policy to "provide a level-playing field" in marital litigation.

The POINT that you seem to be missing is IF you can afford to PAY your attorney; you can afford to pay her attorney (subject to later possible reallocation)..

At the point that you can NOT afford your attorney THEN the court will consider your assets and debts before requesting that you continue to pay her lawyer.. (my ex petitioned that he could no longer afford his attorney; he still has to pay mine).


PS: legal debts are not dismissable by bankruptcy..

PPS: did you finish those repairs? Your poverty will not be an allowable defense for contempt. If you don't want jail then you would have had to file an appeal based on destitution before the 30day window expired...



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