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 #173:
I have been married to an abusive husband for 24 years and we have two
children 19 who is a college sophomore and a 15 year old high school
freshman....
I write a column once a week on the computer digital edition for a
small town paper which has earned me 3400 /year my husband makes
68,000.
I filed for divorce in the beginning of April of this year he buys
what groceries he chooses, does not pay for my car being maintained
told me to get used to paying things by myself....makes the kids beg
for money if they need it ..there have been no allowances since April
1st for the kids.
what i need to know is:
since he says he's not paying for college and that my son lives at
school which he doesn’t he is home 5 months out of the year. he says
he is not paying child support for him because he will not be living
with me...my son doesn’t live at the school so i know my soon to be x
has to pay for him till he is 23 how does college work or is that
arranged thru the court if we cant figure it out with arbitration
then the judge decides? my husband wants joint custody with my
daughter who he cant get along with to save his soul it is another
ploy to not pay so much in child support i know he is legally
obligated to pay 25% of his paycheck to child support..... since we
have been married for 24 years and i am not working , i have a high
school education and did not graduate i quit working when i had my
son and became a stay at home and still do not really work only
the col that brings in 30-60 a week depending on the length of it and
what the editor uses. i am 48 years of age.....can you give me a rough
idea as to what alimony or maintenance might be percentage wise? and
how long? i have had no money and had to run my credit card up to
3,000 paying for things the kids have needed thru the months does he
have to pay the credit card or is that up to a judge? what usually
happens the first meeting what can i hope to get accomplished and
what are my rights ......i would receive retirement or social security
which was put in during the marriage or till i remarry? i mainly need
to know now what percentage maintenance or alimony would be in my
situation.. we live in new york
Answer:
You raise many important issues, which unfortunately, I am unable to deal with in this short reply. However, with regard to spousal support open (alimony), unlike child-support, there is no statutory percentage of income, which is relegated to spousal support. It depends on many factors including net worth of each of the parties, the ability of the nonworking spouse to return to the workplace, the age of the children at home, the health and age of each of the parties, etc.

Please consider mediating your divorce instead of litigating it in court. It will be faster, cheaper and a lot less traumatic.
If you were living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss this and all the other matters at greater length.

Leonard M. Weiner, Esq./Divorce Solutions
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