Divorce Solutions

Jun 24, 2020

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.

Continue Reading...

Jun 24, 2020

Question #22

1) How is child support allotted in NY? For two children, is the amount taken from the father’s weekly gross paycheck or the weekly net? 2) If we live in Mitchellama housing, would the parent who remains in the home with the children have to pay equity of some kind to the parent who leaves?

Continue Reading...

Jun 24, 2020

Question #23

I am currently considering a separation from my husband. I earn substantially more than he does ($70M vs. $40M). If I retain custody of the children, am I still entitled to child support, and how is child support calculated?

Continue Reading...

Jun 24, 2020

Question #24

My brother and his wife live in New York State on Long Island and have been married a little over a year. They are expecting their first child in several months. Unfortunately, things have not been working out. She says she wants a divorce. She has been abusive towards my brother physically by throwing stuff at him and hitting him, as well as threatening to call the police if he does not leave their home. Reconciling does not seem possible. My brother has financially invested a lot into this marriage, i.e., their home, furnishings, etc. If they get divorced, will my brother be likely to pay alimony and child support in this situation? Also, she has threatened to move out of state so he cannot see the child, what if anything can he do to prevent this?

Continue Reading...

Jun 24, 2020

Question #25

My son stays with me for six months a year, and he spends the other six months with his mother. Am I required to make child support payments to the mother during the months that my son lives with me?

Continue Reading...

Jun 24, 2020

Question #29

hello, my son lives in New York. I was told he has not been going to school he is 15yrs old, he’ll be 16yrs old in Dec. If the mother does not make him go to school, will I have to pay support to her for him. Will this come under without cause, he/she withdraws parental control and supervision. per New York law.

Continue Reading...

Jun 24, 2020

Question #30

I am a female, non-custodial parent. My ex has been out of work for 1 1/2 years & recently moved home with his parents. Our son, a college freshman, recently rented his own apartment. Is there a legal way to pay my child support payments directly to my son?

Continue Reading...

Jun 24, 2020

Question #34

Question: My Wife and I are in the process of working out a separation agreement. All seems to be going well except for the wording on higher education. Her lawyer drafted the provision for higher education as follows: Both parties agree to contribute reasonably toward the child’s higher education based upon the respective financial circumstances of the parties at such time as she commences her higher education. The parties’ obligation hereunder shall cease at such time as the minor child becomes emancipated as outlined in paragraph 14. I am concerned about who decided “reasonable.” My lawyer said a judge would decide. Does this language sound fair, and is it normal in a separation agreement? I wanted it to be worded more specific as to how much each would have to contribute to better prepare and budget for when the time comes. Thank you. 

Continue Reading...

Jun 24, 2020

Question #36

My son, who is 18, quit school in January against the wishes of his mother and I. He has since gotten a full-time job but continues to live with his mother. He will be 19 in August, I have continued to pay child support, but feel that he is old enough now to be responsible for himself. Our support agreement was never done through the courts; it was just a mutual agreement between my ex and me. I plan to stop the support when my son turns 19 next month but wonder about my legal rights to do so. I have not had any contact with my son for almost a year, which is by his choosing. I have called regularly but my calls are never returned. On the occasions when I have reached his mother, her only response is that she cannot make him call me. I believe this all stemmed from my disagreement with his choice to quit school. Any advice or help would be appreciated. We both live in NY.

Continue Reading...

Jun 24, 2020

Question #37

I have a 15-year old daughter with a woman to whom I wasn’t married. My daughter spent the first nine years of her life living with her mother, during which time I paid full New York state child support (17%). Six years ago, she came to live with me, my wife, and two other children, based on the mutual consent of her mother and us. During the six years, my daughter has had regular visitation with her mother (other reasons weekends, school holidays, etc.). Her mother has paid no child support other than the costs she incurs when my daughter is with her, and for incidentals like occasional clothing purchases, primarily due to a lack of funds. She has not held a full-time job at any time during the six years for health. Her mother and I have never had a formal custody agreement filed in New York (where we both live), working out our arrangements via mutual consent the best we could. My daughter is now interested in moving back with her mother for a variety of personalreasons, and I have two questions: 1. At 15, what rights does she have in determining who her custodial parent will be? Could I be compelled to let her go back to her mother? 2. If she were to return to her mother, would I be required to resume 17% child support payments, or could I work with her mother on a mutually acceptable support amount that is less than the 17%? Could such an agreement be made binding in court even if it were below 17%? Any assistance would be appreciated.

Continue Reading...