Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #60:
MY WIFE AND I SEPARATED A YEAR AGO,HAVE 4 CHILDREN RANGING IN AGE FROM 9 TO 17,AND HAVE BOTH NAMES ON THE DEED TO OUR HOME VALUED AT $500,000.I EARN APPROXIMATELY $230,00/YEAR,MY WIFE WORKS PART TIME EARNING $15,000/YEAR AS A TEACHING ASSISTANT. SHE GAVE UP HER CAREER TO TAKE CARE OF THE CHILDREN 18 YEARS AGO. MY QUESTIONS ARE;1. HOW WILL CHILD SUPPORT BE DETERMINED,WILL HER SALARY ENTER INTO IT.2. AM I OBLIGATED TO PROVIDE SPOUSAL SUPPORT,IF SO INDEFINETLY OR UNTIL SHE CAN BECOME FINANCIALLY INDEPENDENT.MOST IMPORTANTLY THE DISPOSITION OF THE HOUSE:IS THE MAINTENANCE AND SUPPORT OF THE HOUSE SEPARATE FROM CHILD OR SPOUSAL SUPPORT.CAN I FORCE HER TO SELL IT,OR AM I OBLIGATED TO MAINTAIN HER IN THE HOME AS CUSTODIAL PARENT UNTIL MY CHILDREN REACH LEGAL AGE.
Answer:
You did not indicate which state you are located in. In New York, child support will be determined by a complex formula taking into consideration the income of both parents.The catch is that although both incomes are taken into consideration, the non-residential parent has to pay his/her share to the residential parent. Spousal support will be determined based on your previous life style, and will not be forever, but long enough to give your spouse the ability to become gainfully employed and self supporting. The disposition of the house and its upkeep will depend on the court. If you are living in the greater NYC metropolitan area, please call me to discuss the possibility of mediating your divorce. It will be must faster, economical and less stressful than battling it out in court in the adversarial system.
Leonard M. Weiner, Esq / Divorce Solutions
Back to content