Legal Question in Family Law in New York

When a couple sperates or devorces, and there is debt, for example a mortgage, car loan, loans on ones 401k that are in both names, can one have his name removed from the debt and just pay child support when he move out and leave the other with the responcibilty or paying the debt? Doesn't both parties have to agree to that, or one "buys" the other out or something like that? He has proposed that he is moving out and because he can't afford a place to live, child support for 2 children and pay half the mortgage he is only going to give me 25% of his pay, and I'm on my own to pay the mortgage, the car loan and what ever else to keep the house going......can he leagally do that?

Asked on 9/22/10, 3:32 am

Steve Brodsky Esq. CheapNewYorkLLC.com

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He can't just decide to pay what he wants. You can take him to court to require him to pay his fair share.

Answered on 9/27/10, 5:15 am

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