Question #94

I have been separated since February 1, 2001. We have been married for five years. My husband just received a disability/early retirement package from his job. I’m not sure of all of the terms and conditions, but am I entitled to any of this compensation? Am I entitled to half of his pension? Also, I have bankbooks in my name before marriage with a lot of money in them. I also purchased our apartment with that money, and the apartment is in my name only. Can I deem this apartment separate property? He seems to think he contributed to that bankbook, but he was always on disability or workers’ compensation, so whatever he made went to our rent at the time and the expenses that came along with that.

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Question#1

My parents had been married for 30 years when my father left my mother for another woman. During the years they were married, my mother never worked. She stayed home and took care of us; this was the way my father wanted it. I have three younger sisters and a younger brother. Only two are under the age of eighteen. After my father first left my mother, and they went to court, he was ordered to pay a certain amount of child support and a certain amount for spousal support. They have been separated now for over a year; I get the feeling that my father is getting ready to file for divorce. What I am worried about is my mother. She still doesn’t work, and my one sister is getting ready to turn eighteen, although she is going to college and still lives at home. What can my mother expect? Will she get spousal support and for how long? What about child support, does it include my sister in college? I forgot to add that all parties involved live in New York State.

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Question #3

I am a father of one child going on 17- yrs- old and am paying 17% of my gross income minus social security and Medicare. I would like to inquire about information or find out where to find it, concerning child support payments in NY State. The required percentage is 17%, as previously described. I would like to learn what this percentage is based upon and other laws governing such. Your response would be much appreciated.

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Question #4

My husband and I have agreed to try mediation instead of going straight to the lawyers, so far it all seems to be very calm with no fighting between us. We have three children and live in the State of Washington. I have been married for 14 years. My question is this: I will have custody of the kids, he will be paying child support, he wants to have the children one month each summer, which is fine and every other spring break week off school; how does the child support work in that situation? I’m not greedy, but after almost six years as an at-home mom and just going back into the workforce, I’m not making a whole lot of money, so that child support is essential for paying the rent. Even though he will have the kids for one entire month each summer, I still have to maintain an apartment and pay the rent for when the kids come home after their month with him. In this instance, is child support prorated for how long they are with him, or does he not pay it that month at all. And what about the one week he will have them in the spring, is child support prorated then too? He also wants to claim the children on his tax return because he is paying child support; it seems to me that we are both supporting the kids since I still will be providing for them too, can he claim them or do we alternate years we claim them? I’m so confused, I can’t afford a lawyer, but I have a feeling I will have to get one to keep up with him. Can I ask the courts to have him pay the Lawyers’ fees since my income is next to nothing compared to him, he makes three times more than I will? I would be forever grateful for any help you can send this way!!! He has already seen a lawyer twice, I cannot afford to see one, so I feel that he has the upper hand in all of this. He keeps throwing things at me, and I don’t know what to do when he suggests something.

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Question #6

 Up until March of this year, I lived in VA. I moved to NY in the middle of March, and was married at the end of March to a NY resident. We were married in Nevada. 1. Although I haven’t met the residency requirement, is it possible for a separation agreement to be drawn and executed in NY? And can the divorce papers then be filed one year after the date of separation? 2. Can the separation agreement and divorce be carried out in the state that we were married (Nevada)? Also, she has a two-year-old child from a previous relationship. What would be my responsibilities toward this child? Would support be required on my part? (She supports the child on her own, and does not receive support, nor has filed for support, from the child’s father, which does see the child a few times a month). Also, could I receive visitation/partial custody rights?
 

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Question #9

1. What are CSSA guidelines or court practice in NY for child support for income over $140,000 ? Is it up to mutual agreement between parents? Is the percentage larger or lower than the specified rate? 2. What are the rules for the division of 401K plan ? The money is before taxes, so if cash is given to the spouse, taxes are subtracted? Is the lump-sum distribution to the spouse deposited into a separate IRA kind of account ? 3. Is it possible to reduce the 1 yr waiting period in NY? 4. Can the spouses during the waiting period sell the house and move (buy new houses) in a different state (NJ)? Will the NY court accept it?

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Question #14

What are the statutory child support requirements?

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Question #15

My brother is supporting his daughter as a result of a divorce. How long do child support obligations continue? 

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Question #17

I was divorced in Ohio in 1995 and have a shared custody agreement for my two girls. I have always paid my child support without exception. I lost my job in January when the technology industry crashed. Despite my total lack of income and meager savings, I maintained my full child-support for four months, the time it took for the system to act upon my change of status. My ex-wife is taking me to court, believing that my termination was staged!? She is asking that I pay her legal fees. I have found work since at a severe decrease in pay. She is requesting full reinstatement of the $$ at my old job rate!! So far, my attorney has told me that I am at risk and that I will end up paying for her legal fees. I find this surprising in that a horrible event such as losing my job and industry of 20 years places me in this position. Is the system truly this horrific?? Is there anything I can do?? I feel like the good guys finish last in this system.
 

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Question #19

my wife moved to a new residence approximately 15 months ago. Although we are not legally separated, we are in the process of getting divorced. Child support has been the primary issue holding us back. Her lawyer claims I should pay 25% of my income for our two children. I wonder if this amount is correct.
⦁ Furthermore, I have the girls three days/nights a week, therefore, facing many of the costs associated with child-rearing. I currently make about 72,000 and my wife about 38,000. I want to do what is fair, but I do not want to be taken advantage of. They are currently asking for 1,500 a month, which is impossible for me—any advice. 

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