Your husband is required to continue making the court ordered payments and should have to
Pay interest on any missed payments.
Leonard Weiner, Esq./ Divorce Solutions
Your husband is required to continue making the court ordered payments and should have to
Pay interest on any missed payments.
Leonard Weiner, Esq./ Divorce Solutions
Schooling , or daycare are generally NOT included in the 17% percent of child support payments
But are in addition to such support. Who should pay, however, and how much, should be decided by the parties
And if they cannot reach an agreement , the Court will decide.
If you are living in the NYC metro area, I strongly suggest you call me at 212-370-1660
To discuss mediating this matter rather than litigating it in Court.
Leonard Weiner, Esq./Divorce Solutions
In order to properly answer your question I would have to review your Separation Agreement and examine the spousal support and child support provisions. Generally , the court will not modify the child support and maintenance support provisions of a signed agreement unless there is a radical change in the incomes of one or both of the parties. Until there is a new court order, however, your husband must continue to pay you as agreed upon, regardless of the changed financial situation.
If you are living in the New York City metropolitan area I strongly suggest that you call me at 212-370-1660 to discuss mediating this issue so that it does not get to the court which will require attorneys and additional legal expenses.
Leonard M. Weiner, Esq./Divorce Solutions
1. From the information you provided, it seems that you have a good chance of getting legal custody of your child and serving as the resident parent.
2. Assuming you can convince the judge of the fact that you are indeed thrown out of the house and that it was in the best interests of the child to live elsewhere, you should have no trouble with any claim of abandonment.
3. If you are declared the resident parent of the child, you should receive child support from your husband for his share of the child support obligation, regardless of your income.
4. Unless your husband co-mingled the inheritance funds or property by putting it in a joint name or account, an inheritance is not marital property.
If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to mediate your separation and the Divorce. Until you have a legal separation or Divorce, you cannot remarry, and you are still considered husband-and-wife.
Leonard M. Weiner, Esq./Divorce Solutions
Any money or other assets acquired during the marriage other than by gift or inheritance
is generally marital property and will generally be divided 50-50, no matter in whose
name the property or money is held. Child support is a different issue. There is a statutorial
requirement to pay 17% for one child, but the parties can agree on a different (i.e. lesser) amount.
The catch is that although both parents are suppose to each pay 17%, in effect ,
the non-resident parent pays hisher share to the resident parent and the resident parent does not pay!
Actually, there is really a complex formula to calculate the 17% and it is not simply 17% of your total salary. But let’s call it 17% for this discussion.
If she hides her money or sends it to China as you indicate, the Court will credit you for the amount she hid or took.
Once you file for divorce, you can demand a Net Worth Statement in which your spouse will have to swear as to all of her assets and liabilities.
Please call me at 212-370-1660 to discuss further.
Leonard Weiner, Esq.Divorce Solutions
The number is not based on a calculation of need per se, but is a statutory requirement under the NY Domestic Relations Law .
The number 17% is for only one child and it is calculated on the combined gross incomes of
both parents up to $80,000. After that, the Court has wider discretion to decide how much more
it will require. What makes matters worse, however, is that the residential parent does not pay his\her share because it is the non-residential parent who has to pay his\her share to the residential parent, and that is grossly unfair!
Leonard M. Weiner, Esq.\Divorce Solutions.