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My ex husband recently stopped my maintenance payments. He claims he doesn't owe me anything anymore. What can I do?

Poughkeepsie, NY |

He is a physician. In 1995 His practice was evaluated at 1,000,000. Legally I am entitled to half of this as I helped him financially through his education. He recently sent me a payout schedule that is not attached to our divorce decree or filed in NY state with the divorce decree. The wording in the divorce settlement: a payout of 300,000 dollars at 3% interest for 20 years, means in his eyes 326,000 not 500,000. I was told by my lawyer and his lawyer that it meant 500,000 payout total. At signing I even asked out loud to everyone present what it meant again. How can I proceed to rectify this situation? To me this is fraud. I contacted my ex-husband and my previous lawyer, all to no avail. thank you for your time. I look forward to your reply.

Attorney Answers 5

Posted

I'd he is violating the terms of this agreement - you need to retain counsel to do so and file for an enforcement and contempt proceeding.

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5 comments

Asker

Posted

This would be correct if what I was told was written in the document instead of the lie they tricked me into signing. Truly how does one receive justice for fraud when my own lawyer colluded with my ex and his lawyer.

Douglas Shaun Kepanis

Douglas Shaun Kepanis

Posted

It's time to retain an attorney and re-open the case through a post-Judgment filing. You need to discuss this with an attorney and this should be done ASAP!

Asker

Posted

Are you able to practice in the Supreme Court in Albany, NY? I would like to retain you if you can practice there.

Douglas Shaun Kepanis

Douglas Shaun Kepanis

Posted

Yes please email me Douglas@kepanislaw.com

Asker

Posted

Thank you shall do!

Posted

There is no way to answer this question without reviewing the judgment of divorce and your agreement.

I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and Manhattan. I have experience in all five boroughs as well is Nassau and Suffolk County. The opinion expressed in this ad based upon the limited information provided and do not indicate an attorney-client relationship

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Posted

You just don't automatically get 1/2. The only way for a lawyer to opine about what you are entitled to is to review the document. I suggest you pay for a consultation with a matrimonial lawyer.

I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 17 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.

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Posted

If this is something specified in your settlement or divorce decree you need to get into court and file a motion seeking enforcement. Sooner rather than later.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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Posted

The answer to your question depends on the precise wording of the agreement. Most likely, the agreement provides that he's to pay the $300,000 plus 3% "per annum," meaning the interest would accrue on the outstanding balance at the rate of 3% per year. Thus, to know what he owes, one would need to review the agreement itself alongside his payment history. You're thus best advised to schedule a consult with a Dutchess/Westchester Divorce attorney for a full assessment.

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