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  1. #1
    pdb
    pdb is offline Junior Member
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    Spousal support in NY

    What is the name of your state? NY

    I was awarded 5 years of spousal support in a 1/2003 separation agreement that was incorporated into the 6/2003 divorce by default.

    I had the spousal support order dismissed in 7/2003 in the original county that the divorce took place in.

    I now am petitioning my spouse into court for the back spousal support in the new county we both reside in now, as of 11/2007.

    What are my chances of collecting the arrearages back until the date of the default divorce/separation agreement in 1/2003 and anything owed to me from now until Feb 2008 which will be exactly 5 years from the time that the spousal support was to start. (Feb 2003)
  2. #2
    LdiJ is offline Senior Member
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    Quote Originally Posted by pdb View Post
    What is the name of your state? NY

    I was awarded 5 years of spousal support in a 1/2003 separation agreement that was incorporated into the 6/2003 divorce by default.

    I had the spousal support order dismissed in 7/2003 in the original county that the divorce took place in.

    I now am petitioning my spouse into court for the back spousal support in the new county we both reside in now, as of 11/2007.

    What are my chances of collecting the arrearages back until the date of the default divorce/separation agreement in 1/2003 and anything owed to me from now until Feb 2008 which will be exactly 5 years from the time that the spousal support was to start. (Feb 2003)
    Unless you are not using the correct phrasing...you have no chance at all. If you had the spousal support order/case "dismissed" in July of 2003, it no longer exists.

    Either you better start getting your paperwork out and quoting from it exactly, as well as explaining the whole story, or you need to be consulting a local attorney.
  3. #3
    pdb
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    Quote Originally Posted by LdiJ View Post
    Unless you are not using the correct phrasing...you have no chance at all. If you had the spousal support order/case "dismissed" in July of 2003, it no longer exists.

    Either you better start getting your paperwork out and quoting from it exactly, as well as explaining the whole story, or you need to be consulting a local attorney.




    The separation agreement that was signed by my spouse in 1/2003 and was later incorporated into the divorce (divorce by default judgment because my spouse didn't respond) states that I'm to receive $300 a month in spousal support per mth for 5 years beginning in 2/2003.

    I have not received anything to date in spousal support from my ex-husband in terms of spousal support, only the child support.

    On 7/3/2003 was the court appearance for the spousal support order and it was dismissed because I chose not to pursue it because I had no attorney.

    Now I would like to go after this (and collect arrearages and payments that are due me for the 5 years which equals $18,000) since I do have an attorney now and it's in my separation agreement which was incorporated into my divorce decree by default judgment.

    Isn't that an order or judgment since it's stated in the divorce / separation agreement?

    Or do I have to file for a new order / judgment?
    Last edited by pdb; 12-05-2007 at 01:00 AM.
  4. #4
    LdiJ is offline Senior Member
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    Quote Originally Posted by pdb View Post
    The separation agreement that was signed by my spouse in 1/2003 and was later incorporated into the divorce (divorce by default judgment because my spouse didn't respond) states that I'm to receive $300 a month in spousal support per mth for 5 years beginning in 2/2003.

    I have not received anything to date in spousal support from my ex-husband in terms of spousal support, only the child support.

    On 7/3/2003 was the court appearance for the spousal support order and it was dismissed because I chose not to pursue it because I had no attorney.

    Now I would like to go after this (and collect arrearages and payments that are due me for the 5 years which equals $18,000) since I do have an attorney now and it's in my separation agreement which was incorporated into my divorce decree by default judgment.

    Isn't that an order or judgment since it's stated in the divorce / separation agreement?

    Or do I have to file for a new order / judgment?
    You had best consult with a local attorney. You keep using the word "dismissed" in reference to the spousal support. Therefore only someone who can review the paperwork can tell you whether or not you still have a case to pursue.
  5. #5
    Ohiogal is offline Senior Member
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    The separation agreement that was signed by my spouse in 1/2003 and was later incorporated into the divorce (divorce by default judgment because my spouse didn't respond) states that I'm to receive $300 a month in spousal support per mth for 5 years beginning in 2/2003.
    Okay. But what was the hearing on July 3, 2003?

    I have not received anything to date in spousal support from my ex-husband in terms of spousal support, only the child support.
    Okay.

    On 7/3/2003 was the court appearance for the spousal support order and it was dismissed because I chose not to pursue it because I had no attorney.
    You chose not to pursue the spousal support order and therefore it was dismissed? Well if the spousal support order was dismissed then your ex does NOT owe you spousal support.

    Now I would like to go after this (and collect arrearages and payments that are due me for the 5 years which equals $18,000) since I do have an attorney now and it's in my separation agreement which was incorporated into my divorce decree by default judgment
    Yes but if it was dismissed then it means nothing. SO therefore even though you have an attorney now you have issues. Now if what was dismissed was a contempt hearing because you did not have an attorney then you can pursue contempt. HOWEVER we need to know exactly what the hearing was.

    Isn't that an order or judgment since it's stated in the divorce / separation agreement?
    ONly if it was not dismissed.
    Or do I have to file for a new order / judgment?
    If you don't have a current order you have no standing to file for a new order.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  6. #6
    pdb
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    Exclamation

    OK, here's clarification...

    I originally petitioned for spousal support in my local Family Court on 2/2003 and it was "Order of Dismissal" in family court on 7/3/2003.

    This is what the dismissal reads...
    "ADJUDGED that the petition is dismissed due to withdrawal of petition; it is therefore ORDERED that the petition be and the same hereby is dismissed without prejudice."

    However, my divorce judgment by default (since my spouse did not sign or respond) was finalized in 6/2003.

    My separation agreement in 1/2003 has spousal support (listed under it's own category (V) as maintenance)

    My divorce judgment has our separation agreement incorporated, but not merged, into it.

    Doesn't this mean that I still have a judgment for spousal support since it's listed and incorporated into my divorce judgment?

    If I understand correctly, Supreme court who granted me my divorce and incorporated my separation agreement into it, far outweighs Family court where my petition for spousal support was dismissed..right???

    That said, regardless of my dismissed petition in family court, at a supreme court level, I still have a judgment for spousal support...right???

    If so, then all I have to do is petition my spouse into court for the spousal judgment for enforcement...is that right??????

    Do I need to do anything else?
  7. #7
    ezmarelda is offline Member
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    I do not know the answer but I was just wondering why you are persuing this now and not 4yrs ago?
  8. #8
    BL
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    By your statements , the orders from the separation agreement were Incorporated into your divorce decree ( including spousal support ) . Does it say they run concurrently , or something like that ?


    It sounds like it's still valid .

    Your subsequent Petition was dismissed without prejudice .

    Why were you Petitioning the second time ?
    Last edited by BL; 12-07-2007 at 06:04 PM.
  9. #9
    pdb
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    Quote Originally Posted by Blonde Lebinese View Post
    By your statements , the orders from the separation agreement were Incorporated into your divorce decree ( including spousal support ) . Does it say they run concurrently , or something like that ?


    It sounds like it's still valid .

    Your subsequent Petition was dismissed without prejudice .

    Why were you Petitioning the second time ?


    I'm not sure if it runs concurrently...what does that mean?

    Also, does it make a difference if the separation agreement was incorporated and not merged?

    My first petition for spousal support was placed on 2/2003 and dismissed on 7/2003 by family court, but my divorce in supreme court was finalized in 6/2003.

    Does this make a difference?

    We both live in a different county now so I am petitioning for enforcement of an order/judgment made by another court in the new county we live in.

    Just because I petitioned before through the old county and it was dismissed, it shouldn't make a difference...right??

    Is it true that I still have a standing order or judgment right???

    Or do I have to do anything else?
    Last edited by pdb; 12-07-2007 at 06:27 PM.
  10. #10
    BL
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    Quote Originally Posted by pdb View Post
    I'm not sure if it runs concurrently...what does that mean?

    My first petition was placed on 2/2003 and dismissed on 7/2003 by family court, but my divorce in supreme court was finalized in 6/2003.

    Does this make a difference?

    We both live in a different county so I am petitioning for enforcement of an order/judgment made by another court in the new county we live in.

    Just because I petitioned before through the old county and it was dismissed, it shouldn't make a difference...right??

    Is it true that I still have a standing order or judgment right???

    Or do I have to do anything else?
    run concurrently , would mean your family court order(s) would run with the divorce orders ( Incorporated /concurrently ,what ever .)

    As long as neither party lives in the originating county , yes you are free to file in any county through family court .

    You haven't answered as to why you Petitioned a second time ?
  11. #11
    pdb
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    I now can obtain an attny and back then in 2003, I couldn't afford one.

    Especially since I am owed $300 mthly which comes to almost $18,000 total for the 5 years.

    Do you think I will get the back money owed retroactive to the date it states in my divorce/separation agreement of when it was suppose to start?

    Do you think my chances are going to be ruined or minimized until starting out as of today's date, since the first petition was dismissed back in 2003?

    What do you think my chances are here?
    Last edited by pdb; 12-07-2007 at 06:46 PM.
  12. #12
    BL
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    Quote Originally Posted by pdb View Post
    I now can obtain an attny and back then in 2003, I couldn't afford one.
    Especially since I am owed $300 mthly which comes to almost $18,000 total for the 5 years.

    Do you think I will get the back money owed retroactive to the date it states in my divorce/separation agreement of when it was suppose to start?

    Do you think my chances are going to be ruined or minimized until starting out as of today's date, since the first petition was dismissed back in 2003?

    What do you think my chances are here?
    Great , let your attorney look over the files , and represent you , including filing any petitions .
  13. #13
    Rushia is offline Senior Member
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    You need to answer the question. WHAT did you file for in July 2003? Was it an enforcement order/contempt charge?
  14. #14
    pdb
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    I filed Form 4-3
    (Support Petition)
    Notice To appear in court
    Last edited by pdb; 12-07-2007 at 10:28 PM.
  15. #15
    BL
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    Quote Originally Posted by pdb View Post
    I filed Form 4-3
    (Support Petition)
    Notice To appear in court

    Let your Attorney file what's nessasary .

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