Your attorney should have filed in Family Court for maintenance and support, which would provide support for you and your child. To determine how much your spouse should provide, he will have to produce a sworn net worth statement and past tax returns. You will also have to give a sworn net worth statement indicating your income and your expenses, after which the judge will decide the appropriate amount of maintenance and support.
You should not be leaving this to the discretion of your spouse’s attorney. Perhaps you are right, and you should seek more experienced matrimonial counsel to represent you. If your spouse is named on the title of the property and you are paying the mortgage, you are providing him with a gift of 50 percent of everything you are paying.
Do not sit idly by and allow yourself to go into bankruptcy and forfeit your property. You must act now, and have your attorney file the necessary motion for maintenance and support immediately.
Leonard M. Weiner, Esq./Divorce Solutions