In the year 2001 my wife and I purchased a house with a verbal commitment to one another that she pays $700 for mortgage and pays for groceries as warented. It all went well for three years until she had my second child and came into a settlement in 2005. She decided that she will no longer work and for the next six until present has not worked leaving me to carry all of the mortgage together with all expenses. At the time my salary was approximately $55,000 a year with a mortgage of $2300 a month plus all other expenses. I have depleated all my monitory accounts because of my wife not working. I have asked her time and time again to get back to work because the burden fell on me but to no avail. Presently we are in the middle of a divorce and although we all live in the same house, I was ordered to pay child care and maintenance of $550 per month which i cannot afford althouth my salary is now $73,000 a year. Do I have grounds to get more than 50% of the divorce properity nowing that my wife did not contribute to the housewhole but for more that two years? Should I pay the temporary child care and maintenance which has to be paid beginning today? My lawyer is agreeing with everything that the other lawyer wants and is very condensending to me and tells me to shot up after paying $5000 initial fee. I want to ask the owner of the law firm for some on else to represent me. Am i doing the right thing? I need your advise now.
State/Country relating to Question: New York
Thank you for your question.I am truly sorry to hear you are in this situation. At this time New York is governed under "equitable distribution" pertaining to asset split and asset allocation. That means that if the spouses cannot agree between one another, the courts will review and split equitably and fairly but not necessarily equally between the spouses. However if her name is XXXXX XXXXX it is irrelevant as to whether or not she paid in or not (since there was nothing in writing); the property is 50% hers even if she never once improved or invested a penny of her money into the property (specifically because her name is XXXXX XXXXX). In your situation if you were court ordered to pay, you should do so as otherwise you will be in contempt, owe fines and attorney fees to your spouse, and if you fail to pay further, the judge may admonish, fine, and even jail you. You, however are the boss, not your attorney--if he is being rude, disrespectful, and condescending, you have the right to fire him and retain others, or contact the firm and request someone else take over.Good luck.Dimitry Esquire40788.0773668634
JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin
OTHER THAN THE $5000 DISCLAIMER THAT WAS GIVEN TO THE LAWYER, IF I REQUESTED A CHANGE IN LAWYER WOULD I HAVE TO PAY ADDITIONAL SUM?
Thank you for your follow-up.If you are going to stay within the same firm, speak to the partner in private and request that as a courtesy they do not charge you for the time needed to bring the new attorney up to speed. If they fail to agree, then you would have to pay for the transfer.Good luck.Dimitry Esquire40788.0903313657
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