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 #191:
I live in NY state. What happens if I buy houses and I am not legally separated from my wife. I left the house over 3 years ago because we had fights and I was asked by her to leave on several occassions. I finally left and have been taking care of my two daughters financially and physically (doing things with them as I had been doing when I was living there, they live with her). She make approximately 3 times of what I make. I filed for an uncontested divorce before I bought the houses, does she have any claim to them? Also, do I have to give her 25% of my gross salary, remember she makes 3 times the amount I do and her salary alone is well over $90,000.

Answer:


Generally, the court will look to the date upon which the summons and complaint was served as the cutoff date with regard to determining marital property. However, in certain circumstances , the judge has the discretion to extend the date to the date of the filing of the actual divorce judgment is well.
With regard to your question regarding child support, the amount of child support is determined by a statutory formula depending on the number of children and the total income of both parents under $80,000 and over $80,000, regardless of the disparity in the incomes of either parent.

If you are living in the New York City metropolitan area . I suggest you call me at 212-370-1660 to arrange for an appointment to discuss mediating you divorce.

Leonard M. Weiner, Esq./Divorce Solutions
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