Legal Question in Family Law in New York

Re: Abandoned Mother

You do not mention whether the father is paying child support (or whether he is paying enough). You also do not mention whether the father has abandoned the children as well as the mother.

That is why it is often frustrating for me to answer questions here, when these cases are so fact specific, and the person asking the question fails to provide relevant facts.

The mother would be entitled to child support based in the Child Support Standards Act Guidelines. For two children, for example, she would receive 25% of his gross income [less FICA]. She would also receive add-ons for unreimbursed medical expenses and for child care costs.

Depending on their relative financial needs and ability, she might also be entitled to receive maintenance [what we used to call alimony].

If the father has a pension, 401K, IRA, or a business, etc., all of those assets would be in the pot, along with the house, for purposes of Equitable Distribution.

Since you do not mention any of these, I will assume that the house is the only asset. For eight years the husband has not needed his share of the equity in the house - if there is any equity. Most judges whom I have appeared before would give the mother exclusive occupancy of the house until the youngest child is emancipated, i.e., age 21.

The mother would also get a credit for all the mortgage payments, etc., which she has made for the past 8 years. If there are any arrears in child support, they could come out of the husband's share of the house.

When the youngest child is 21, the mother may wish to buy out the father's insterest, perhaps by refinancing the house. If she has remarried by that time, and is working with two incomes, it would be easier for her to do so.

Your friend should really sit down with an experienced matrimonial attorney for an in-depth consultation to learn her right and options specific to her case.

I have been practicing for over 30 years and find that no two cases are the same.

Hope this helps.

www.BravermanLawFirm.com

Re: Abandoned Mother

New York is an equitable distribution state and equitable does not mean equal. I think your mother should consult with an attorney.

If I can be of help, let me know.

Daniel Clement

212-279-6194

Re: Abandoned Mother

Courts will usually protect the wife's home in the kind of circumstances you describe. Her 8 years of paying the mortgage and expenses will very much count in her favor. She should probably begin the action for divorce but to give reliable advice I would have to meet her and learn more about her and her husband's financial circumstances. Jeremy Morley