I got divorced 2 years back and Hon. Judge made so many mistakes of 100's of dollar in equal distribution . The mistakes were so obvious the appeal court have trail court to fix the mistakes . The trail court only fixed 75% and rest didn't saying was not presented . Now my question is costed my so much to fix the mistakes . Is possible to get relief for the money spent on appeal process legal? I left with no money to pay to my
ex wife due to appeal .
Please advice what can I do .
Criminal Defense Attorney
Each side has to pay their own legal costs unless the Judge rules otherwise. Look at the appellate decision to see if it awarded you costs or not. If it did, you can get some of your appellate costs from your ex such as the costs to file the Notice of Appeal and the record on appeal along with your printing costs. You need to enter a money judgment and collect it unless your ex pays it willingly.
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Family Law Attorney
Nothing. You are very luck the appellate division sided with you. Broke? Join the crowd.
Family Law Attorney
No, you can't get the other side to pay your legal fees for the appeal, nor can you get a credit. Hopefully the savings over time will be worth more than the cost of the appeal. Good luck.
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Divorce / Separation Lawyer
It is possible to make a post-appeal motion in the Supreme Court for counsel fees based on the appeal. Of course, the court will look not only at who the prevailing party was, but also the disparity of resources between the two of you. For a full assessment, schedule a consultation with a NYC Divorce attorney.
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Divorce / Separation Lawyer
Each side pays for their own appeal. If there is an agreement that the other side pays for your appeal then it would be enforceable.
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I practice in a different jurisdiction, so you really should consult a NY attorney about your issues. In my jurisdiction, each court decides whether an award of attorney fees is permissible and whether to make one (that is, the trial court decides whether to award fees for the trial court proceedings and the appeals court decides whether to award fees for the appeal). If you don't ask, you won't get them. If your appeal is over and you are back in the trial court, it is too late to ask for appeal fees. If you did it yourself, then you are not entitled to any fees because you did not incur actual fees owed to a lawyer. If you think the trial court failed to address all issues the court of appeals said to when the case was sent back, you may file a motion in the trial court pointing that out and asking the trial court to address the omitted issues, or you may appeal again and argue that the trial court failed to follow the mandate of the prior appelllate ruling and that the case needs to be sent back again with more directio s to the trial court. If this seems too confusing or hard for you to handle on your own and you cannot afford a lawyer, you might spend some tme looking for legal aid services in your area, but if you do not soon find what you need, you may need to face the economic reality that, right or wrong, you cannot afford to pursue this further and will just have to go with your life with this unhappy result.
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