In order to end an extremely abusive situation I stupidly waived maintenance in my divorce settlement this past month . I felt I had no other option and was desperate to end the abuse as I was becoming ill. My settlement agreement was incorporated but not merged. I have no income because for 20 years I worked for the family business, which had to be sold to pay my ex husband's tremendous debt which he hid from me. All that was left was just enough to pay my taxes. I am now 63 and disabled, but cannot apply for disability as I did not receive a salary all those years. I asked my attorney to file a motion, but he refused, telling me he wanted nothing to do with my ex husband anymore and that he couldn't negotiate with him because he "is crazy and abusive", so I had to discharge him. I have been doing some research, and found out that I can file an order to show cause requesting maintenance if I can prove extreme hardship. How do I do this? I cannot survive without some kind of income. My ex has an extremely well paying job and is quite a bit younger than I.
Unfortunately, what you want to do is extremely difficult, and it's not possible to "coach" you through this in an online forum. If you are serious, you will have to find some money for a consultation with an attorney who then may be able to help you file your motion. It may be a long shot. Good luck!
All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
I agree with the other attorney: this is a very hard standard to meet and you just waived maintenance very recently so the timing doesn't seem favorable either. You should definitely speak to some lawyers in person as this would involve a complicated motion. Good luck.
It is a really hard road to follow. You are asking that your divorce stipulation be set aside and that you have extreme hardship. You would have to retain counsel, and do not have the greatest likelihood of success.
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