If you are unemployed and your spouse is working, you should be able to receive spousal support for a short duration of time to get on your feet.
You do not indicate what type of “professional license” you have and the treason why you are unemployed. The answer to these questions will be important to the judge if you end up in court. Since the Condo is titled in both names , you have a legitimate claim to half as marital property, especially if you have contributed to the mortgage, insurance and upkeep of the condo.
I strongly recommend you consider divorce mediation and I would be glad to meet with you and your wife to discuss the matter at greater length.
Please call me at 212-370-1660 to arrange an appointment .
Divorce Solutions
Leonard Weiner, Esq.
Your husband cannot absolve himself of his parental responsibility to support his family by just moving away, and you could get a judgement against him. However, I do not know what the likelihood of being able to enforce that judgment in Belize, as long as he does not return to the US.
Begin the divorce process before he leaves.
All money earned by either party during the marriage is considered “Marital Property” and thus he would have a claim to approximately half of your money earned during the marriage, although the Court would most likely use that amount to cover his share of his child support obligation.
Be sure when you acquire the new home to keep it in your name only, using only funds from the inheritance kept in an individual account, and not funds from money you earned during the marriage.
If you are living in the NYC metro area, call me at 212-370-1660 to arrange an appointment to discuss mediating your divorce.
Leonard Weiner, Esq./Divorce Solutions
Without more info re: your wife’s income and assets , I cannot give you an accurate
Opinion about what spousal support she is entitled to. Your portion of your pension that was
earned during the marriage is marital property and she will have a claim to approximately half of it.
Her abandonment should be taken into consideration by the judge, but it will not be determinative
As to how much she is entitled to.
Leonard Weiner, Esq.
Divorce Solutions
212-370-1660
It will depend on the specific language of your separation agreement.
Generally, there is a provision in the Separation Agreement that provides that spousal support will terminate when the supported spouse remarries.
If this is a concern of your, make sure it is expressly stated in any agreement or Stipulation you sign.
Leonard Weiner, Esq/ Divorce Solutions
212-370-1660
You would have to provide her with some form of Spousal support at least for a short period until she can get a job. The amount of Child support will depend on how much you earn.
The exact amount of Spousal Support will depend on your present marital life style, how much you earn, what it will cost for her to rent an apartment with the child, etc. If you go to court, the final amount will be decided by a judge .
You can avoid going to court by both agreeing to mediate the Divorce with me in which case you will
Be able to decide with your wife all of the issues .
Pease call me at 212-370-1660 to arrange for a meeting to discuss the matter
At greater length,
Leonard Weiner, Esq.
Divorce Solutions
If your husband has been supporting the family during the course of the marriage and his income is greater than yours, he will be required to provide support for both you and the children. He cannot simply leave you in the apartment and have no further financial obligation to you or the children. He will also be responsible to provide financial assistance for their health, education, and general welfare, including school tuition, clothing, summer activities, etc.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.
The
Leonard M. Weiner, Esq / Divorce Solutions
If the court were to award residential custody to you, then your spouse’s visitation would somehow have to be made in Buffalo or some other arrangement would have to be provided so that your daughter could visit with him back in New Jersey during vacations and summers.
If your spouse has been supporting you during the course of your marriage, and you have no income, he will be forced to provide you with some level of spousal maintenance as well (the actual amount will depend on your financial needs and his ability to pay based on his income), at least until such time as the child can go to day care and you are able to develop some kind of professional skills to support herself. The division of all marital assets and debts, including the lien on the automobile, will have to be determined by you both as part of the separation and divorce settlement.
I strongly suggest you seek an Atty. experienced in divorce mediation in your jurisdiction who can assist you in this matter. Divorce is something too important to leave to self help.
Good luck!
Leonard M. Weiner, Esq./ Divorce Solutions
If your husband has been supporting you during the course of your marriage while you were taking care of the children and maintaining the house, the court should require him to continue to provide you with spousal support until you have an opportunity to develop working skills and become self supporting. You should also get statutory child support for your two children and if you have a special needs child additional support seems in place.
Also any assets or monies that were acquired during the course of the marriage , no matter in whose name the assets our money are held, are considered marital property and generally are divided equally.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting for the three of us to discuss mediating your divorce.
It will be much cheaper, faster and less expensive than an adversarial divorce .
Leonard M. Weiner, Esq /Divorce Solutions
Go to Family Court in your area and speak to a family assistant or other professional
There about your situation and ask that they help you file a demand for spousal and child support from your husband.
You can also try contacting your local Bar Association and as for the pro bono family law
Or matrimonial department and see if someone there can assist you.
Your husband cannot simply abandon you and the children without any means of financial support.
It is against the law and he will be forced by the court to provide you and the children with support.
Good Luck!
Leonard Weiner, Esq./Divorce Solutions
If your husband has been supporting you and your child during the marriage the court will force him to continue.
He has a legal obligation to do so and you should discuss this matter with him before he leaves and see if you can work out a suitable arrangement that will satisfy both of you. If you cannot, you should make a motion in family court for spousal and child support and do so before he leaves the country.
Contact an experienced matrimonial attorney in your area to represent you. Do not Wait!
Leonard Weiner, Esq./ Divorce Solutions