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Questions about Ancillary Relief Proceedings

What is ancillary relief?

Ancillary relief is an order form which most couples file while requesting for a divorce. Many people file for ancillary relief when there is a large sum of money, or other property orders involved.

Can a court make a decision regarding children in a ancillary relief proceeding

The court can make financial orders for children in limited circumstances. If the spouses agree in writing, it can make a periodical payments order requiring the payment of income by one to either the other or directly to the child until the child is 17 years or ceases full time education (and this includes university education) or training for a trade profession or vocation. It can order school fee payments to be made. The Court can also make lump sum payment orders, orders for the transfer of and settlement of property in favor of children, as well as variations of the above settlement orders, but rarely is this power exercised. It is usually about reordering and rearranging money and property between the spouses in the absence of very special circumstances.

Can someone ignore the judge orders in an ancillary relief divorce?

In any legal ruling, if someone ignores the judge’s orders they can be taken back to court for violating the court orders and can be prosecuted for contempt of court.

Can someone appeal a judgment for ancillary relief?

If they believe that the judgment for ancillary relief is unfair, they can usually file an appeal. They can hire an attorney that specializes in appeals to support them. That way they would get help from someone that knows what steps that needs to be taken.

When receiving an ancillary relief order do they have to respond to it, if they don’t have all the paperwork?

If they don’t respond to the order, the other person can win by default. If they can’t get all the information that the court is asking for, then they need to respond with the answer and the information that they have already gathered. They will need to ask for an extension so they can get the rest of the paperwork that is being requested in the order and be ready to present it in court. It is important to review your rights before proceeding with an ancillary relief divorce on your own. Usually it helps if you have someone with more insight on the issue before making your final decisions.
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Recent Ancillary Relief Questions

  • Divorce NYC

    I'm currently going through a divorce in New York City. I'm the Defendant in this case and have just received a Summons with Notice and an Affidavit of Defendant. I believed that our divorce would be very straight forward as it is a Uncontested Divorce without any children, property or other assets. However, upon reading through the summons two questions came up and I would like to know if I should consult with a family lawyer on this before I sign anything: Summons: "Plaintiff requests that the judgment grand the following items of ancillary relief: Awarding Plaintiff such other and further relief as to the court may seem just and proper, together with the costs and disbursements of this action." Does this mean that I have to cover the court as well as his Lawyer fees? Affidavit: "I'm not seeking equitable distribution, maintenance, or counsel fees. I understand that I may be prevented from further asserting my right to equitable distribution, maintenance or counsel fees. " What about his waiver?


     


    I should also note, that I'm not interested in receiving any distribution at all from him in the future. I'm planned on leaving the United States in 2 months and therefore do not want to complicate this case unless I would really be on the loosing end. 


     


    Thank you!

  • NY Only! What happens if I dont want to remove "barriers of

    NY Only! What happens if I don't want to remove "barriers of remarriage”?
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    my Italian husband and I are in the process of getting divorced in England. We have lived in England for 22 years and own a home here. He has nudo proprieta of an apartment in Italy with usufrutto of his parents. Where do I stand in relation to this property and ancillary relief.
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