Brian D. Perskin & Associates

Why Appeal If You Have Nothing to Win?

In the following case the wife won her appeal. She was granted a total of 1750 in child support, and attorneys fees in the amount of twenty-thousand dollars. This seems like a win, but in reality all she did was spend tens of thousands of dollars on legal fees to get a marginal amount of child support. She was already receiving 7500 per month in support. You have to read this case to really understand the waste of funds that happened in winning an appeal.

Wald v Wald

2007 NY Slip Op 07838

Decided on October 16, 2007

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 16, 2007

SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
STEPHEN G. CRANE, J.P.
ROBERT A. SPOLZINO
GABRIEL M. KRAUSMAN
WILLIAM E. McCARTHY, JJ.
2006-07126
(Index No. 19482/04)

[*1]Heather Wald, appellant,

v

Steven A. Wald, etc., et al., respondents.

DECISION & ORDER

In an action for a divorce and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Queens County (Fitzmaurice, J.), entered June 22, 2006, which denied her motion, inter alia, for pendente lite child support, maintenance, and an interim attorney's fee.

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