appeal killing my pocket book what do I do

[raknoell]

What is the name of your state? New York
I have won costudy of my son in a lengthy very very expensive 2 year trial That cost me over $35,000. Now that I have won she is appealing the decision, and I understand that it is her right to appeal the decision even though there has no ground for the appeal, I plain out proved I was the better parent with the help of private eye's who caught her drinking and driving with our child in the car. What I need help with is the fact that this case has basicaly broke me and I make to much money to get any kind of help, but she on the other hand has decided to start working only 2 days a week and is getting a appeal lawyer for free because she only makes a small amount of money. Now I am waisting money that I should be putting into a savings account for my son's college education. Why does New York State not look at the fact that she could be working full time and paying for her own lawyer which would probably make her think twice about appealing a case that she needs to give up on. She is the type of girl that her lawyer could tell her there is no possible way to win a appeal and she would still push foward just to cost me more money. Is there a way to make her not beable to get a free lawyer, someone I need to talk to, or is there another avenue I can take to get around this.

 

[BL]

Is there a way to make her not beable to get a free lawyer, someone I need to talk to, or is there another avenue I can take to get around this.

If your funds are low to fight the appeal, you might try:

A ) Asking your Lawyer if you have one , to arrange a payment agreement for the balance. If the appeals is already been started ,and/ or

B ) Consider getting a loan .

C ) Call around for Law Firms that accept sliding scale fees ,depending on your income.


The Law states a person has a right to appeal. It also States they are entitled to free council , if they are indigent.

No, there is no law to compel a person to work to qualify for an attorney.

If after the appeals is done and over, and the other parent starts filing more Petitions, and they have no merit whatsoever, make a Motion to find the Petition to be found Frivolous ( with out any merit ), and request compensation of attorney fees.

Unfortunately, you can not do this with appeals, as far as I know.

Maybe though ? Someone else may know if it applies to appeals . Might want to ask your attorney .

 

[raknoell]

Thanks for the insite my lawyer is going to work with me but I am already in so much debt that it is not fair that I have to keep racking up my debt and she gets a lawyer for free cause she does not want to work.

But you did make me feel alot better because we thought she was going to be able to keep taking us to court to try and bankrupt me!

 

[BL]

But you did make me feel alot better because we thought she was going to be able to keep taking us to court to try and bankrupt me!

Don't take that as a definite outcome. ONLY a Judge can decide ( IF ) a Petition is Frivolous, and IF He/She will impose a sanction of Attorney fees,fines,incarceration,or any sanction the court deems appropriate.

Those are some choices the Judge does have.

 

[raknoell]

Your right!

Does anyone know if appeals can be frivolous? So much so that a judge could order my ex to pay for my attorney fee's?