Win for Kimberley F. Wallace in Pro Bono Family Law Matter
By: Carter Conboy
Kimberley Wallace earned a win on behalf of her pro bono client in Albany County Family Court.
In September 2017 an Order of Spousal Support on consent was entered into by a husband and wife. The Order required the husband to pay the wife, a set amount of money every month. In December 2017 the couple executed a Marital Separation and Settlement Agreement which incorporated the Order of Spousal Support for a set period of seven years or until the remarriage of the wife or the death of either party.
In June 2018 the husband petitioned Family Court for Modification of the Order of Support, claiming that he was unemployed and could not afford to make the support payments. Ms. Wallace represented the respondent-wife pro bono. A hearing was held in Family Court in January 2019 wherein both parties appeared before a Support Magistrate. At the hearing, the petitioner-husband admitted that he was fired from his job, purposely failed to file for unemployment insurance, and refused to accept a job offer that would have paid him a minimum of $52,000 per year.
The Court denied the husband’s petition and ruled in favor of Ms. Wallace’s client, finding that the petitioner failed to provide evidence to the Court to discern an involuntary change in his income from the original spousal support order. Additionally, the Court also found that the petitioner’s refusal to accept a job which would have paid him $52,000 annually was voluntary, not reasonable, and did not alter his contractual obligation under the original spousal support order.
“As an attorney, I am privileged to be able to help individuals that cannot otherwise afford legal representation,” said Kimberley Wallace, attorney at Carter Conboy. “I am especially happy that I could lend my pro bono services to this particular client. We proved to the Court that the petitioner’s alleged lack of taxable income was purposeful and a ruse to avoid his obligatory spousal support payments.”
About Kimberley Wallace
Kimberley F. Wallace is an attorney at Carter Conboy. She represents individuals and businesses in white collar and corporate governance matters and investigations, as well as members of law enforcement in matters involving discipline, critical incidents, criminal defense, and civil litigation defense of constitutional and civil rights issues. Additionally, Kimberley defends various transportation companies, commercial carriers, manufacturers, and professionals in State and Federal Courts throughout New York, as well as before administrative agencies and in mediation and arbitration matters. Kimberley is a graduate of Sage College of Albany where she sits on the Board of Directors of the Alumni Association. She earned her law degree from Florida State University College of Law and is a member of the Capital District Women’s Bar Association, Capital District Black and Hispanic Bar Association, and the Albany County Bar Association. She can be reached at firstname.lastname@example.org and (518) 465-3484.
About Carter Conboy
Carter Conboy is a full-service law firm providing counsel to businesses, corporations, government, professionals, and individuals in 20 industries and 40 specialized service areas. Founded in 1920, Carter Conboy has offices in Albany and Saratoga Springs, NY.
Stacy A. Smith