Husband of 16 years kicked me and my son out and moved his mistress in. Now doesn't want to pay and is staling the divorce.

Asked over 1 year ago - Rockville Center, NY

My Husband controls all the money , he makes over 140 , 000 a year . I have to take him to court for child support and spousal support , because he has not been paying regularly and when he does it isn't the same amount . He said i should take what i can get , He is a Union Ironworker , I don't have any money for a lawyer how can I get justice when all the lawyer want a retainer . None of them will accept getting the fee from him after the divorce . he also has money in a pension and topping out fund that I am entitled to half of . He was giving me $ 500 a week and told me that i will get less if i take him to court and is intimidating me . I have a 9 year old son and have only work part time due to my acute asthma condition . what are my chances , are there lawyers that will help

Attorney answers (5)

  1. Jean M. Mahserjian

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . If he earns $140,000 per year and you work part time due to asthma and have custody of your 9 year old, you should be able to get an order directing him to pay some or all of your legal fees. You may need to consult with several attorneys before you find one willing to help you out without an advance retainer. You can also check with legal aid or your local bar association for a referral or an attorney who might be willing to take your case pro bono.

  2. Marco Caviglia

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . You should also be able to obtain some attorney fees while the action is pending. Child support will be virtually assured, and from your facts, you will get temporary spousal support while the action is pending. Your chances are good. Unfortunately, your a little bit too far for me. Call your local bar association for some referrals.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  3. David Alexander Browde

    Pro

    Contributor Level 20

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    Answered . If your husband is the monied spouse he will have to pay for your lawyer. Go talk to someone local and get to court!

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  4. Howard E. Knispel

    Pro

    Contributor Level 14

    2

    Lawyers agree

    Answered . Many lawyers, such as myself, will take a relatively small retainer ($1500) until the make a motion to get your husband to pay your legal fees. You most likely will get a child support and spousal support award and eventually get your share of his retirement. Call an attorney to get more specific advice
    Howard E. Knispel, Esq
    Commack, N
    631-864-7589

    The above is a general answer and is not considered legal advice. You should contact an attorney before... more
  5. Louis Lawrence Sternberg

    Pro

    Contributor Level 18

    2

    Lawyers agree

    Answered . On several occasions, I have worked out an arrangement with clients where there is no attorney's fee required up front with the understanding that the fee will be paid by the other spouse. Please feel free to call my office to discuss the matter or contact the Nassau County Bar Association.

    It is always advisable to contact an attorney. For a consultation, please contact my office at 516-669-3295. We... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Child Support

Child support is the money paid from one parent to another for expenses resulting from the other parent’s custody of a child or children.

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