Answer: 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 […]
Answer: 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