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 #218:
My husband had an affair in 2005 a month after my dad passed away. He lived with me, but continued to be with this girl he works with, until Sept 4, 2005 and then left me and moved in with "the girlfriend". We are not legally separated and he only pays me 502.00 every paycheck (per his lawyer) for child support. He has not paid anything for the mortgage or a loan that is in both of our names. I am falling farther and farther behind in these payments. Is he responsible to pay for them since he abandoned me and our 2 sons? If so, how do I go about it? I feel my lawyer is not working for me and am in pursuit of another. My husband is a big control freak and for doing what he did, I feel everything is going his way. HELP!

Answer:


Your attorney should have filed in Family Court for maintenance and support , which would provide support for you and your child. In order to determine how much your spouse should provide, he will have to produce a sworn net worth statement and past tax returns. You will also have to provide a sworn net worth statement indicating your income and your expenses, after which the judge will decide the appropriate amount of maintenance and support.

You should not be leaving this to the discretion of your spouse's attorney. Perhaps you are right and you should seek more experienced, matrimonial counsel to represent you. If your spouse is named on the title of the property and you are paying the mortgage, you are in fact , providing him with a gift of 50 percent of everything you are paying.

Do not sit idly by and allow yourself to go into bankruptcy and forfeit your property. You must act now , and have your attorney file the necessary motion for maintenance and support immediately.



Leonard M. Weiner, Esq./Divorce Solutions
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