In spite of out statements of net worth a Manhattan court has burdened us with a Law Guardian ($7500) and Forensic evaluator ($14,000)
My Pro rata share is 40% of these expenses, but I still cannot afford them. MY spouse made $88,000 in 2011, and hasn't given me the tax return for 2012 yet. In 2012 I made $16,000 as I spend most of the year at home taking care of the children.
I'm working now but don't have near the money to pay for these expenses. Basically I can cover rent food and filing fees.
Should I ask for Poor Person status, or ask to modify the Pro Rata share? Or should I do both?
I suggest both, in the order you listed.
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Unfortunately, it seems a little late in your game to now apply for Poor Person status, as that usually needs to be done at the beginning of the case. And unless you feel the Judge didn't consider certain facts, filing a motion to reargue seems an exercise in futility. You may wish to consider an appeal at this point. That said, it behooves you to schedule a consultation with a NYC Divorce attorney.
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That's often what happens when you litigate over custody when the Court thinks you don't have a reasonable case.
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Try both and try to negotiate a settlement with an attorney or pro se.
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