Saturday, December 13, 2014

Divorce/ Child custody in Westchester Supreme court.

Q:  I have a situation and i don't know what do. I am approaching trial for Divorce/ Child custody. My attorney just merged with a firm and they want a huge retainer to go to trial that i don't have. The kids are with me 4 days 3 nights a week and after child support and taxes i am being left with $290 a week to take care of the kids and live on. While my ex makes over $100 k a year and only showed $68k as income.(I do have proof) I am currently doing well with getting full custody. The children's attorney already recommended it to the courts. But i need to finish this. I need help How can i get financial help or a lawyer i can work out payments with. he courts have already awarded me 1/2 my ex's pension and some legal fees. and we were going to ask for more when the income was exposed at

A:  David's Answer:  First, if you have a signed retainer with the attorney already, then s/he is attorney of record & cannot require a new retainer mid-stream. Second, you can make another application for additional counsel fees, assuming through the course of disclosure your attorney was able to uncover the hidden income. Finally, some lawyers offer a sliding scale, so you should shop around. Schedule a consult with a Westchester Family Law attorney for a full assessment.  -- David Bliven, Westchester Family Law attorney (

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