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appealing judges decision

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wenbee

Junior Member
What is the name of your state? new york

Our divorce judge has ruled that I must pay up front, my STBE's legal fees of over 10k.
Out situation is
me 117k, 2 kids, house and college costs
her 40 -50k no dependents, rent

The judge knows the ex has walked away from all financial obligations 3 years ago when she moved out. I literally cannot afford to do this with all the expenses i have, plus I refuse to sacrifice my kids education for something as unfair as this. The courts have all my financial data, but for some reason they try to make 117k sound like I've hit lotto.
My question is, can I appeal or contest the decision that requires me to pay all of her costs

You guys/gals ahve been a great source of eye-opening info...
 


Bali Hai

Senior Member
What is the name of your state? new york

Our divorce judge has ruled that I must pay up front, my STBE's legal fees of over 10k.
Out situation is
me 117k, 2 kids, house and college costs
her 40 -50k no dependents, rent

The judge knows the ex has walked away from all financial obligations 3 years ago when she moved out. I literally cannot afford to do this with all the expenses i have, plus I refuse to sacrifice my kids education for something as unfair as this. The courts have all my financial data, but for some reason they try to make 117k sound like I've hit lotto.
My question is, can I appeal or contest the decision that requires me to pay all of her costs

You guys/gals ahve been a great source of eye-opening info...
Of course you can appeal the judges decision.

Keep in mind that this is a "discretionary" decision that is within the judges power according to NY statutes.
 

tuffbrk

Senior Member
Not NY - Jersey girl here - and Bali is right in that it is discretionary, however in Jersey at least, there are guidelines for the judge to follow - one of which is directly related to cash flow. She could have 1MM in assets and you have zip in assets but you have $35K in cash flow and she's got $32 - and they'd order you to pay it...my guess based upon the disparity in income is that you have more net monthly cash flow.

Gotta tell you - my last motion cost $5,800...you have to decide if it's worth spending something in that range to save $4,000 or perhaps still have to pay the $10,000 plus the costs of your motion.

Who said life's fair?
 

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