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Modify the Pro Rata Share or File For Poor Person Status?

New York, NY |

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?

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Attorney answers 4


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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What sort of appeal would that be? No decision has been made yet, just temporary orders for exclusive use of the martial residence and temporary physical and legal custody. Can i appeal decisions while the case is ongoing? The judge has also used the cost of forensics to intimidate me, yelling at me and my former lawyer about how expensive ($14,000) the forensics would be, and whether or not I could pay my share within a week.


That's often what happens when you litigate over custody when the Court thinks you don't have a reasonable case.

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.


Try both and try to negotiate a settlement with an attorney or pro se.

If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or

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