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Husband does not want to sign.

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mistoffolees

Senior Member
Based on your previous posts, it would be almost a certainty you would be ordered to pay temporary alimony during the divorce proceedings.

Furthermore, you would be ordered to pay a portion of his attorney fees.

Under the new NYS DRL's, these items are required and any deviation from that requires the court to detail in writing.
So, Bali, please explain how you know that there is a near certainty that OP would be ordered to pay alimony and that temporary support is required, and OP will have to pay legal fees - yet OP says that alimony was NOT ordered.

How is it that you know more than the person involved as well as the judges and attorneys?
 


Bali Hai

Senior Member
So, Bali, please explain how you know that there is a near certainty that OP would be ordered to pay alimony and that temporary support is required, and OP will have to pay legal fees - yet OP says that alimony was NOT ordered.

OP hasn't even been in front of a judge. She is trying to get her husband to consent to a no fault divorce and has just very recently filed a RJI motion (Request for Judicial Intervention) to try and scare him into signing.

How is it that you know more than the person involved as well as the judges and attorneys?
Thank you for asking misto. I have read the new DRL's pertaining to NYS. I will answer as best I can, but just go to the nys.gov website for further clarification.

If stbx were to contest the divorce on any number of legal issues (alimony for some period of time, etc.) and asked the court for temporary alimony and attorney fees during the proceedings, the court must put the parties respective incomes into a new statutory formula and order what that formula spits out. Any deviation from that requires the judge to explain in detailed writing why.

Thank you again for asking and please do not hesitate to ask further questions if I can be of assistance.
 
Based on your previous posts, it would be almost a certainty you would be ordered to pay temporary alimony during the divorce proceedings.

Furthermore, you would be ordered to pay a portion of his attorney fees.

Under the new NYS DRL's, these items are required and any deviation from that requires the court to detail in writing.
I'll let you know how it turns out. He already signed the non-contested divorce papers. This one last form that shows he acknowledges that I will no longer be insuring him. And two problems to the idea I will be paying his legal fees:

1) He does not have any.
2) My attorney tells me that should we wend up before the judge for this, it is likely that he will be paying my attorney's fees.

My attorney says I will not be paying alimony. You say otherwise. Somehow I believe him over you.
 

Bali Hai

Senior Member
I'll let you know how it turns out. He already signed the non-contested divorce papers. This one last form that shows he acknowledges that I will no longer be insuring him. And two problems to the idea I will be paying his legal fees:

1) He does not have any.
2) My attorney tells me that should we wend up before the judge for this, it is likely that he will be paying my attorney's fees.

Based on your posts, there isn't a snowball's chance that would happen.

My attorney says I will not be paying alimony. You say otherwise. Somehow I believe him over you.
You're confusing post divorce alimony vs. temporary alimony during the proceedings. Direct your attorney to the NEW laws!
 

mistoffolees

Senior Member
You're confusing post divorce alimony vs. temporary alimony during the proceedings. Direct your attorney to the NEW laws!
Please stop. Just quit it and grow up.

OP has an attorney. It is a very safe assumption that OP's attorney knows more about their laws and the preferences of the court than you do.

I realize that you're a hateful, bitter person because your ex was smart enough to throw you to the curb, but please stop trying to ruin everyone else's life with your bad advice.
 

Bali Hai

Senior Member
Please stop. Just quit it and grow up.

OP has an attorney. It is a very safe assumption that OP's attorney knows more about their laws and the preferences of the court than you do.

I realize that you're a hateful, bitter person because your ex was smart enough to throw you to the curb, but please stop trying to ruin everyone else's life with your bad advice.
OP's attorney is clueless misto. Please try and stay current with the new alimony laws.

I don't try to ruin anyone's life, but a word of caution, DON'T TRY TO RUIN MY LIFE.

If you want, I'll look for a good therapist for you. I've heard the good ones are in NY. If you can make the trip, I would be willing to meet you at the airport.
 
It's Final

It turns out he had applied to Healthy NY and had it in place when he signed what the Divorce Settlement Agreement in August. He didn't sign the last form because he didn't need to - but just delayed a few days in submitting proof of insurance.

To alleviate any concern on Bali's part that there somehow would be maintenance or alimony, the Divorce Settlement Agreement which my ex signed in August contains the following:

Each party waiver and relinquishes his or her right to receive maintenance and or support from the other party, either direct or indirect or any contribution thereto both now an in the future. This is meant and intended to be a full and complete waiver of each parties support right from the other resulting from this marriage.

The judgement of divorce was signed late November, and the judgement roll filed at the end of November.

Thank you to those who took the time to give advice.
 

LdiJ

Senior Member
It turns out he had applied to Healthy NY and had it in place when he signed what the Divorce Settlement Agreement in August. He didn't sign the last form because he didn't need to - but just delayed a few days in submitting proof of insurance.

To alleviate any concern on Bali's part that there somehow would be maintenance or alimony, the Divorce Settlement Agreement which my ex signed in August contains the following:

Each party waiver and relinquishes his or her right to receive maintenance and or support from the other party, either direct or indirect or any contribution thereto both now an in the future. This is meant and intended to be a full and complete waiver of each parties support right from the other resulting from this marriage.

The judgement of divorce was signed late November, and the judgement roll filed at the end of November.

Thank you to those who took the time to give advice.
I am sure that you are happy that its all over. Congrats.
 
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