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HELP! Disabled being taken for Alimony in NY

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pdb

Junior Member
Both CP and NCP reside in NY

Will make this as brief as possible, however, don’t want to leave anything out...

My 42 year old brother - NCP (once the bread winner) for his 3 children and wife - CP, is now severely brain injured from an MVA in 2002 (3 wks coma & 2 mths intensive care hospitalized)

Was released into the care of his cheating wife, of 14 yrs, for 24/7 complete supervision and care. A wife who had been cheating w/ a married man well before the accident and continued to cheat while he was in the hospital and in her care. (have email exchanges as proof)

After caring for him for a little over 1 mth and learning that he would require another 3+ mths of 24 care, she went to an attny and had separation & bankruptcy papers drawn up entirely in her favor awarding everything to her and releasing her of all marital debt, along w/ $366 mthly CS & $300 mthly maintenance. CP also stated that she was unemployed, when actually, she was using vacation and other time up to care for NCP, but still on her employer’s books (earning min wage) and employed from 9/1999 – 6/2006.

The next day she took NCP to her attny to sign the papers telling him that this was the only way she could collect Medicaid, they would eventually get back together and she got him to agree that they couldn't afford 2 attnys and this was the best thing for the kids. (Coercion!) She immediately dropped NCP off at his parents following the signing.

NCP was admitted into a lock down brain injury rehab center from 4/2003 - 8/2005 and was finally released into his own apt with full time aides to visit his apt 24/7 and for transportation. He was on $850 mthly SSD (now $997) and his CP was successful in having it garnished for $366 mthly child support (now $406), in addition to receiving $500 total mthly for the 3 children in separate SSD Dependent benefits beginning 1/2003.

On 3/07, NCP’s mother, who became power of attny of him as of 4/2003, petitioned CP into court to have the child support reduced and was successful bringing it down to $150 mthly ($50 per child based on poverty SSD income). At this time, the oldest daughter (15) was living w/ her father from 12/06 - 9/07, d/t terrible abuse issues b/t her and CP. Meanwhile, the CP continued to collect the $167 SSD Dep benefits along w/ child support for the daughter since she had custody. None of this money ever went to the daughter's care while living with NCP.

D/t the reduction of CS and the daughter being forced to go back and live w/ the CP on 9/07, the CP petitioned the NCP back to court (on 10/07) to obtain the back owed $300 mthly spousal maintenance payments backdated to 2/2003 in the separation papers.

First of all, is this legal?

NCP was permanently disabled (traumatic brain injured) and didn’t know what he was signing and still wouldn’t to this very day and was coerced by CP caretaker.

Isn’t this abuse on the CP caretaker’s part? Can we do anything about that?

Would the original separation documents be overturned or void since he was mentally incapable and required 24/7 supervision and care at time of signing and not represented by an attny?

Also, CP lied about being unemployed during signing and since we have the email exchanges b/t the CP and her married boyfriend with proof that she was cheating, is she even eligible to have ever been awarded maintenance?

Lastly, CP is again withholding employment info by neglecting to complete this section of the petition she just filed in taking NCP back to court for spousal maintenance…can we prosecute for this? (we know CP was working full time at min wage right up until she took NCP back to court this last time)

Could use ANY and ALL help since the re-scheduled date for spousal maintenance is sch’d for 12/2/2007.

Much appreciated!
 
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Bali Hai

Senior Member
Both CP and NCP reside in NY

Will make this as brief as possible, however, don’t want to leave anything out...

My 42 year old brother - NCP (once the bread winner) for his 3 children and wife - CP, is now severely brain injured from an MVA in 2002 (3 wks coma & 2 mths intensive care hospitalized)

Was released into the care of his cheating wife, of 14 yrs, for 24/7 complete supervision and care. A wife who had been cheating w/ a married man well before the accident and continued to cheat while he was in the hospital and in her care. (have email exchanges as proof)

That's is not proof enough for the judge to rely on. It might be enough proof if your brother were having the affair.

After caring for him for a little over 1 mth and learning that he would require another 3+ mths of 24 care, she went to an attny and had separation & bankruptcy papers drawn up entirely in her favor awarding everything to her and releasing her of all marital debt, along w/ $366 mthly CS & $300 mthly maintenance. CP also stated that she was unemployed, when actually, she was using vacation and other time up to care for NCP, but still on her employer’s books (earning min wage) and employed from 9/1999 – 6/2006.

Would you expect her to do anything different??

The next day she took NCP to her attny to sign the papers telling him that this was the only way she could collect Medicaid, they would eventually get back together and she got him to agree that they couldn't afford 2 attnys and this was the best thing for the kids. (Coercion!) She immediately dropped NCP off at his parents following the signing.

A decision he now regrets I'm sure.

NCP was admitted into a lock down brain injury rehab center from 4/2003 - 8/2005 and was finally released into his own apt with full time aides to visit his apt 24/7 and for transportation. He was on $850 mthly SSD (now $997) and his CP was successful in having it garnished for $366 mthly child support (now $406), in addition to receiving $500 total mthly for the 3 children in separate SSD Dependent benefits beginning 1/2003.

On 3/07, NCP’s mother, who became power of attny of him as of 4/2003, petitioned CP into court to have the child support reduced and was successful bringing it down to $150 mthly ($50 per child based on poverty SSD income). At this time, the oldest daughter (15) was living w/ her father from 12/06 - 9/07, d/t terrible abuse issues b/t her and CP. Meanwhile, the CP continued to collect the $167 SSD Dep benefits along w/ child support for the daughter since she had custody. None of this money ever went to the daughter's care while living with NCP.

D/t the reduction of CS and the daughter being forced to go back and live w/ the CP on 9/07, the CP petitioned the NCP back to court (on 10/07) to obtain the back owed $300 mthly spousal maintenance payments backdated to 2/2003 in the separation papers.

What is B/t & D/t?

First of all, is this legal?

Whatever the judge decides is legal.

NCP was permanently disabled (traumatic brain injured) and didn’t know what he was signing and still wouldn’t to this very day and was coerced by CP caretaker.

Isn’t this abuse on the CP caretaker’s part? Can we do anything about that?

Would the original separation documents be overturned or void since he was mentally incapable and required 24/7 supervision and care at time of signing and not represented by an attny?

Also, CP lied about being unemployed during signing and since we have the email exchanges b/t the CP and her married boyfriend with proof that she was cheating, is she even eligible to have ever been awarded maintenance?

Lastly, CP is again withholding employment info by neglecting to complete this section of the petition she just filed in taking NCP back to court for spousal maintenance…can we prosecute for this? (we know CP was working full time at min wage right up until she took NCP back to court this last time)

Could use ANY and ALL help since the re-scheduled date for spousal maintenance is sch’d for 12/2/2007.

Much appreciated!
First of all, NY judges are pro-wife and don't give a sh!t about the husband. You can bet if the roles were reversed the judge would never have let it happen.

Second, NCP needs a lawyer sooner rather than later.
 

pdb

Junior Member
Thank you again for your help Nextwife.

I noticed that I placed it in the wrong section and thought I'd get more feedback under the "Alimony & Support" section, since that is actually the advice I'm in search of.
 

nextwife

Senior Member
Has an attorney been retained? This is NOT a DIY situation. The entire prior judgment needs to be reversed due to brothers incapacity and being incompetent to enter into a legal agreement, and ex's lopsided settlement, in which she took advantage of brother's diminished capacity.
 
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pdb

Junior Member
Yes, we have a pro-bono attny that specializes in Social Security.

NCP's mother is also talking with legal aid to discuss the case.

Financial resources are VERY limited d/t NCP's parents being retired and my own resources are very limited.

We are collecting all of the physician's and hospital notes from the 2 hospitals he was admitted into for psychiatric treatment and rehap therapy immediately prior to and following the signing of these biased separation papers. (he was also on suicide watch)

In addition, won't the judge take into account that the CP stated (documented) that she was currently unemployed when the separation papers were signed and notarized by her attny, when in fact...she was employed?

She also lied about NCP's income, at the time of signing, by stating that it was approx $400 more a month than what it really was.
 
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Bali Hai

Senior Member
r
Yes, we have a pro-bono attny that specializes in Social Security.

NCP's mother is also talking with legal aid to discuss the case.

Financial resources are VERY limited d/t NCP's parents being retired and my own resources are very limited.

We are collecting all of the physician's and hospital notes from the 2 hospitals he was admitted into for psychiatric treatment and rehap therapy immediately prior to and following the signing of these biased separation papers. (he was also on suicide watch)

In addition, won't the judge take into account that the CP stated (documented) that she was currently unemployed when the separation papers were signed and notarized by her attny, and she also lied about his income by stating that it was approx $400 more a month than what it really was.
Judges seriously take into account, who is going to vote for me or the next person running for election in my party. Any further questions???
 

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