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 #112:


i have been married almost 10 years-4/20/04 if i get a legal seperation can i also stay on the medical insurance- he is a suffolk county police officer- the insurance for the me and the two kids is free no out of pockets expenses for him. also he is a extreme drinker and has some police reports filed on him for abuse to me only -the abuse (all of them0 has been since a month after we married- i have always kept a diary and can list all dates which is quuite often he has ia involved in his behavior and to top this he has many girlfriends and one after two years of coming here breaking in , ramming garage doors and getting my husband loaded work gun and holding james & I hostage and etc. his job finally kept coming here and finally talked me into order of protection -in which she violates here and there- but its much better-my husband still meets her goes to all her courts dates and has a tatto on his arm of her name about 2 years now. i live in fear from him everyday i do not any acess to money and well its pretty horrid-he does not hurt the kids just ingores them alaways did- their ages are 5 ,7 they do not like him and are telling me not to let him in the home and want a new nice dad, well he does make 102,000 a year but he fails to give us money and i mention he goes missing for days, sometim weeks etc with no way to contact him -my mom lives downstairs and thank god for her she doesnt make much with social security but can help sometimes. i have recently had to go to a church for food it was embrassing he keeps his paycheck cash in his wallet there is no money anywhere in accounts and he pay bills sometimes but the house went into foreclosure twice and my friend gave me the monet to save my youngest child will be going to school soon he forbids me to work all thses years, and have to produce receipts when he gives me food money to check to make sure i never get change back and to see and critize what food i bought. my friends help to get me hand me dows for me and kids and even bought them new jackets for the winter when they came here(which is only allowable when james is working) and he does not know we are not allowed to have anyone over to visit- anyway i cried when i got the jackets- our home is falling apart it was a foreclosure when we got it and need lots of work which he does not want to or have any repairs so its not worth much. but he always on vacations himself, out of \bars all of the time, sporting events , rock concerts etc.. and the cable shut off again and phone disconnected again because he so late paying or for lack of not paying them etc.. what would be the best thing to do --also he does want a divorce or seperation -that he is handling everything etc-but he does not. i need help-also he has a son who is 12 from a previous girlfriend he never see him last time maybe 3 years ago me and my kids would get and see him 100x more than james-the child support is 700.00 a month which is garnished from his paycheck. i sure this would have some bearing on me and kids. i live in new york state could you tell me how much i would receive in child support thank you-thank you sorry its so long but i guess you would need to know basic of components thank you please write back



Answer:




Answer:


As part of any court settlement, if you cannot afford health insurance for your children and for yourself, the court will require your husband to provide it, either through his employer if it possible, or through some independent means. If you are unable to work or must tend to the children because they are infants, the court will require your husband to provide you with spousal support. In addition he will be required to provide you with child support for the children and for you to remain with the children in the family residence. The exact amount of support both spousal, and child, will depend on book on a number of factors including your income if any, his income and what your total assets are (Statement of Net Worth).


If you feel that you with and or the children are in danger, you should call the police and get an order of protection.



Leonard M.Weiner, Esq./Divorce Solutions
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