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Lawyer fees in Petition.
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Is it customary when a party files for divorce whom is the breadwinner to ask for attorney fees knowing that respondent has no income? Also with child support when Respondent has the child? Marital assets/his income can pay for these items during the pendency. Is this pretty basic stuff to include in the petition/temporary relief form? In other words don't get bent being it is so typical.
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Re: Lawyer fees in Petition.
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It is typical to ask for the moon and the stars when filing. It's irritating, but common. Basically, they don't want to be in the position of negotiating up.
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ILMimi
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(addict)
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06/01/08 05:17 PM
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Re: Lawyer fees in Petition.
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I was the breadwinner and I told my lawyer I wasn't going to ask for ex to pay my legal fees but he put it in the petition anyways. It really got my ex fired up. Yes, it is standard and I understand how you want to ask for the moon but some things should be taken out if you really think it will make the situation inflammatory.
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Re: Lawyer fees in Petition.
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I appreciate your understanding of how this affects the other. It does cause more harm than good I think when there is no way the other could possibly pay for your attorney fees. And when most of the time, each pays their own what is the point. I was taken aback when I first saw all of what ex was asking. Still hurts even when I know it is a legal manevuer. Divorces are nasty and lawyers sure know how to make things more bitter. Ex lawyer did all kinds of things to make things worse and more costly.
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Re: Lawyer fees in Petition.
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i wont be paying stbx's lawyer fees, my lawyer says if i cant afford it, then I cant afford it!
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icwal
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(enthusiast)
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06/02/08 11:14 PM
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Re: Lawyer fees in Petition.
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Your lawyer doesn't decide if you pay - the judge does
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Re: Lawyer fees in Petition.
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The judge will see all the credit card debt I have and see that I'm unable to pay and then when this is all over,,, I go bankrupt and start out new...
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Re: Lawyer fees in Petition.
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wow
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Re: Lawyer fees in Petition.
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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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Maury
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(Carpal \'Tunnel)
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06/04/08 12:03 PM
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Re: Lawyer fees in Petition.
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Why do you believe debts related to legal fees are not dischargeable in bankruptcy. There is no federal bankruptcy that supports that position that I am aware of.
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Re: Lawyer fees in Petition.
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"Under a bankruptcy: divorce settlement, support payments are not classed as dischargeable debts. In other words these debts must still be met. Support payments for a former spouse or minor children must be honored. Examples are child support, alimony or spousal support, as well as the lawyer's fees surrounding these issues."
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Re: Lawyer fees in Petition.
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My lawyer said since her lawyer said her retainer is running low, we'll drag out doing repairs and hold off signing the listing agreement to sell so her retainer runs out, then when she cant pay her lawyer before the next court date, her lawyer will quit on her and we'll win the case. I can afford my lawyer but I cant afford two lawyers, that is what my lawyer is planning to argue to the judge. Also, my lawyer told me not to hand in all the discovery papers her lawyer demanded and to drag it on and say I cant find all the papers he wants.
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icwal
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(enthusiast)
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06/04/08 09:58 PM
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Re: Lawyer fees in Petition.
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I could be wrong but your debt would have no bearing on you paying her legal fees. Your income would determine that. Could be wrong, but that is what I am thinking. You keep fooling around and drain her retainer it will you that most likely will be paying, not her.
As far as your discovery is concerned. If you do not hand in your docs. by the time alloted then she can file a motion to compel and most likely you will be paying those fees also since you left her no choice but to take legal action against you. Just hand in the stuff. You will have to either way. The more you put it off is more proof your hiding things.
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Re: Lawyer fees in Petition.
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[quote]I could be wrong but your debt would have no bearing on you paying her legal fees. Your income would determine that. Could be wrong, but that is what I am thinking. You keep fooling around and drain her retainer it will you that most likely will be paying, not her.
As far as your discovery is concerned. If you do not hand in your docs. by the time alloted then she can file a motion to compel and most likely you will be paying those fees also since you left her no choice but to take legal action against you. Just hand in the stuff. You will have to either way. The more you put it off is more proof your hiding things. [/quote]
I havetoo many debts and I can't pay her lawyer fees, so she is out of luck!
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Relayer
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(Carpal \'Tunnel)
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06/06/08 07:35 PM
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Re: Lawyer fees in Petition.
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[quote]Why do you believe debts related to legal fees are not dischargeable in bankruptcy. There is no federal bankruptcy that supports that position that I am aware of. [/quote]
Me neither.
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Relayer
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(Carpal \'Tunnel)
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06/06/08 07:37 PM
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Re: Lawyer fees in Petition.
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Stuck, if you keep screwing around like you are, you will be paying her fee's. And as someone else said in this thread (and 20 others), it's the judge who decides things, not your lawyer. You either have selective hearing or a imbecile attorney. Or one that knows a sucker when he see's one.
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Relayer
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(Carpal \'Tunnel)
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06/06/08 07:39 PM
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Re: Lawyer fees in Petition.
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[quote]"Under a bankruptcy: divorce settlement, support payments are not classed as dischargeable debts. In other words these debts must still be met. Support payments for a former spouse or minor children must be honored. Examples are child support, alimony or spousal support, as well as the lawyer's fees surrounding these issues." [/quote]
cite please
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Relayer
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(Carpal \'Tunnel)
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06/06/08 08:03 PM
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Re: Lawyer fees in Petition.
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Chapter 7
In a Chapter 7 bankruptcy, known as the liquidation chapter, debtors give up certain property when they file for bankruptcy. A trustee appointed by the court sells the property and uses the proceeds to pay the creditors. A trustee is usually a lawyer or accountant who specializes in bankruptcy cases. The debtor receives a discharge shortly after the case is filed.
Debtors are allowed to keep any money earned after filing for bankruptcy, as well as most other property obtained after the filing. Under this chapter, all unsecured debts are wiped out. These debts include credit card bills, medical and legal fees, utility bills, deficiency balances (the difference between the amount owed and the value of the property), loans from friends and some student loans.
There are some debts that cannot be discharged through the bankruptcy process. These debts, known as non-dischargeable debts, include alimony, child support, some student loans, certain federal, state and local taxes, debts from fraud, larceny, theft, and fines and penalties for items worth over $1,000.
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Re: Lawyer fees in Petition.
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Stuck,
It's men like you who give other men a bad name. It was you who wanted out, but wanted out with no financial consequences. In essence be better off. Kids are almost grown, so not much child support left and no wife to support if no alimony and you want more of the assets too. You want to play all kinds of legal/financial/emotional games, use the kids, be vindictive to stbx and hope she walks with nothing, parade your soul mate around the kids and make life harder for everyone just to get your way. Why are you so hell bent on causing more harm when it was you who wanted the divorce after 20 years? Can't you for your kids, do the right thing, be respectful and have some integrity? Try for once to see your stbx and kids side. The money you are spending for lawyer could be spend on the kids for college..helping them out in the future.
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icwal
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(enthusiast)
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06/07/08 06:58 PM
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Re: Lawyer fees in Petition.
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Sadie, hes just like mine. What I don't understand if if they have another SO, don't you think they would move out and move on. No...they stay and make EVERYONES life miserable. Like mine he tries to win the kids over, not paying the bills, flaunting the relationship in front of the kids, stands behind me while I am sleeping and call me names, etc... etc... God Stuck MOVE ON!!!!! After a year it gets really old
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Re: Lawyer fees in Petition.
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the game is to make the stbx's life miserable so she gives up!
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Relayer
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(Carpal \'Tunnel)
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06/07/08 08:04 PM
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Re: Lawyer fees in Petition.
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It isn't that Stuuk needs to move on. It's that he is a moron.
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icwal
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(enthusiast)
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06/07/08 09:31 PM
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Re: Lawyer fees in Petition.
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Stuck-she is not going to give up. The more you TRY to tourment her the more she is going to fight back. Your antics most likely don't upset her. Like Relayer said you are a moron and why would she be upset she is losing a Moron. I take it your are just pissed because you can't control her anymore. Go control your SO and let your STBX get on with her life.
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Re: Lawyer fees in Petition.
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If she is like me....she won't give up until hell freezes over being the games you are playing. If mine would have played fair..no games, he would be $150K richer. My first offer within a month of filing was a great deal for him. I didn't want another year of hell with an immature gotta win mentality coward. Your stbx should just sit back don't react and wait until right before trial...then hang you. Your post show that you are worried, angry, and are not happier with the new soul mate. Your ex already has the upper hand and you know it!
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Re: Lawyer fees in Petition.
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stuckinarut....your name is exactly where you are, stuck and nowhere to go. STBX is going to show you how stuck you are going to be for the next decade. You used her all these years....she will be using you the next 10. Get mad and play games all you want. I would bet your stbx has the goods on you and just waiting to get her last laugh in being you think you are so intitled to a better life and she deserves nothing. Your kids will see your true colors as they mature and go Dad's a real jerk! You could very well be a lonely old man the rate your going. Who would love a man like you? Not any respectable woman.
Icwal: Stuck can't be happy unless he has control and he is losing that control so therefore his legal/emotional/mental antics. All he can do is make ex miserable due to him being miserable because he doesn't own her anymore. Very sad and I am dealing with Stuck's twin. They just won't let go until in their mind they won and winning to them is him being the center of attention. Typical narcissist. It is not about the money at all. It is him thinking that he is better and his power/control. I would bet he has hit his stbx and called her all kinds of name within the last 2 years. We know he lies out his butt.
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Re: Lawyer fees in Petition.
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where do you get the next ten? if that is about alimony,ask any lawyer, they will say that is too long!
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Relayer
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(Carpal \'Tunnel)
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06/09/08 06:43 PM
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Re: Lawyer fees in Petition.
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[quote]where do you get the next ten? if that is about alimony,ask any lawyer, they will say that is too long! [/quote]
Depends on the length of the marriage
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Re: Lawyer fees in Petition.
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If I am not mistaken you had been married 20 yrs prior to filing? I was married 23 prior to filing and was awarded 8 yrs. in OK. I was sthm and worked for ex during our marriage, so I would assume she would get somewhere near that plus money for schooling.
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Re: Lawyer fees in Petition.
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I still believe 4yrs for college and 1 more yr to find a job no matter how long you've been married!
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