Question #57

My wife and i separated a year ago, have 4 children ranging in age from 9 to 17, and have both names on the deed to our home valued at $500,000.i earn approximately $230,00/year, and my wife works part time earning $15,000/year as a teaching assistant. She gave up her career to take care of the children 18 years ago. My questions are:
i. how will child support be determined,
ii. Will her salary enter into it?
iii. Am I obligated to provide spousal support, if so indefinitely or until she can become financially independent.
iv. most importantly, the disposition of the house
v. is the maintenance and support of the house separate from child or spousal support
vi. Can I force her to sell it, or am i obligated to maintain her in the home as custodial parent until my children reach legal age?

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Question #60

After 20 yrs. of marriage and two children (ages 12 & 7), my husband wants a divorce. I have not worked outside the home since my 12 yr old was born. I know NYS allows 25% of my husband’s income for child support, but I would like to see if I can receive more money. Is it reasonable to expect my husband to pay the mortgage while my children and I live in the house, and if so, is this usually done until the children are 18? I would like to receive part of his profit-sharing account, stock options account, and retirement account, and can I receive part of the future value that will go into these accounts? Can I obtain full ownership of the house and give up my right to the retirement plan? I have no college degree and worked while he completed college and went on to get his Master’s Degree. Thank you.

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Question #65

My daughter is currently in the process of separating from her husband. She has an 18-month-old child. The divorce is her idea. Must she remain in her house with her husband until a separation document is filed, or can she move in with me with her child before filing the documents? The current way they are living is very difficult.

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Question #70

I have asked my husband to leave for a while until we can figure out what we both want. We have been married for three years. I don’t want my children to see how miserable we are together. We built a house while we were married, and everything is in my husband’s name because I stayed home for three years taking care of our children. I didn’t have an income to get credit. So everything is in his name. I wanted to know if I am entitled to our home and any savings that we have. I don’t want to move my children again. He won’t leave; he said he has too much invested in this marriage, but he will not go to counseling with me to try to work things out. I am from NY, and I just want to know what I am entitled to even though my name isn’t on anything. I am only working part-time now, and I cannot afford everything on my own. Please help me understand!

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Question #73

NYC residents: my wife and I got married eight months ago. I had substantial assets before our marriage, and I make about four times her salary. Before our marriage, we entered into a contract to purchase a home for which I paid the down payment. After we got married, I paid the remainder on the house with the assets I had before our marriage. Can my wife claim that she wants half the house’s value, even though it is me who paid for it?

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Question #74

Hi, I have been married for one year and three months. My wife is a student and does not work and make any money. After marriage, I bought an apartment with a substantial down payment. This was all paid for by the funds I had before marriage. I have been paying for her college education/living expenses for the last two years. If we are separated, can she ask for half of what I have?

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Question #77

I’m married for four years; my husband bought a condo just two weeks before marriage. My name was added on the title 1,5 years later. During the last four years, our condo got appreciation in about 130,000. We had the joint account opened before we got married, and then all the time, all the payments were made from our joint account, including mortgage payments. I’m working, and my paychecks go directly to our account. My question is: Can I claim an equity interest in the condo when it will be sold after the divorce? Thank you.

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Question #78

I live in NY with my wife and child. We have been married for almost 5 yrs. My question is if I have money in my individual account from a sale of real estate, but the money is not mine, does she have a claim to it? The other question, if that money is going towards a purchase of a business even though it’s not my money but the company would be in my name, would she have a claim to the company?

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Question #85

I’m a 30-year-old married woman with two children. One is autistic. I do not work. I have a house with some debt, and my husband has recently told me that he wants a divorce. He has said that I need to get out of our house so he can “start over.” Please help me and tell me what my rights are. I am involved with my children, especially my son. He is in an autistic program that requires a lot of attention, which prohibits me from having any decent-paying job. My husband is not involved with my son at all and only sometimes spends time with our daughter. He is cheating on me and says he wants out. He now has said he will take custody of the kids too. I have so many questions, little money, and need a place to start. Help.

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Question #90

 My husband and I have been married for almost three years, but we have been living apart for the past six months. I found out he had had numerous affairs. Although we are living apart, he is still paying the rent. I pay the childcare, cable, coned bill, child medical expenses, and any other child-related expenses. He makes about eight to ten thousand dollars more than I do, but I am paying more expenses than he is. He occasionally buys milk, diapers, clothes, etc…, for the kids, but it is mostly on me. Don’t get me wrong. I am glad he is still paying the rent because I could not afford to pay it along with all of my other expenses. I believe he may be doing it to keep an upper hand on me and the apartment. It can’t continue like this. He seems perfectly happy with this situation. We got the apartment together when we were married (it’s a rental), but his name is the only name on the lease. Can I be forced out of the apartment because my name is not on the lease? He is currently living with a friend, and our one-year-old twins live with me in the apartment. My husband comes and goes as he pleases because he still has a key, and I am afraid to change the locks because I do not know if I can legally do it. He does spend time with the kids, and I want that to continue, but he has the best of both worlds. He can come and go as he pleases in our apartment, and when he leaves at night, he can do whatever he wants. The next morning it begins again. I want a divorce, but he does not. What should I do? What rights do I have to the apartment, and what help can I get with child care expenses?

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