My parents had been married for 30 years when my father left my mother for another woman. During the years they were married, my mother never worked. She stayed home and took care of us; this was the way my father wanted it. I have three younger sisters and a younger brother. Only two are under the age of eighteen. After my father first left my mother, and they went to court, he was ordered to pay a certain amount of child support and a certain amount for spousal support. They have been separated now for over a year; I get the feeling that my father is getting ready to file for divorce. What I am worried about is my mother. She still doesn’t work, and my one sister is getting ready to turn eighteen, although she is going to college and still lives at home. What can my mother expect? Will she get spousal support and for how long? What about child support, does it include my sister in college? I forgot to add that all parties involved live in New York State.
To accurately answer your question, I must have more information regarding the Separation Agreement or court order which your parents entered into received at their legal separation. Such a Separation Agreement or court order would generally outline the support obligations of your father both for the children, including children above 18 who attend college, and also the support he is obligated to provide to your mother.
The Separation Agreement or court order should also deal with the support issues post-divorce. If it does not, your parents should try to mediate the matter of all the outstanding problems needed to be resolved before they agree to divorce.
If they are located in the New York City metropolitan area, I strongly suggest they call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq. \ Divorce Solutions