sadie46
member
Reged: 04/21/06
Posts: 186
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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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gdave44
member
Reged: 11/04/06
Posts: 151
Loc: New Mexico
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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
addict
Reged: 01/03/08
Posts: 502
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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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sadie46
member
Reged: 04/21/06
Posts: 186
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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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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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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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"The King of fraud and corruption"
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icwal
enthusiast
Reged: 11/19/07
Posts: 334
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Your lawyer doesn't decide if you pay - the judge does
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stuckinarut
Pooh-Bah
Reged: 10/12/07
Posts: 1631
Loc: Island of Man
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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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"The King of fraud and corruption"
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Misslisa1017
Pooh-Bah
Reged: 05/18/06
Posts: 2056
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wow
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PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
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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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Be kind, for everyone you meet is fighting a hard battle. --Plato
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Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
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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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