Legal Question in Family Law in New York
Abandonment
My husband has left my 4 yr. old son and I to go live with his girlfriend. I don't have a job and haven't for a few years. He gives me $100 a week. Therefore I cannot afford a lawyer. He wants me to just leave house, and I refuse. Plus he refuses to do our taxes for the past two years. He is self employed so I cannot do them. So much more involved, I don't know what to do. Anyone have any advice??
2 Answers from Attorneys
Re: Abandonment
File your return separately, if you have little or no income you may be entitled to a refund. As for a lawyer start by looking at family legal services in your county. Perhaps that would be of help to you. After a divorce proceeding, you could get a judgment in your favor requiring your husband to pick up your legal fees if he has substantially more income than you.
Re: Abandonment
Family Court is a Pro Se Court, where you may file (with clerk assistance) for spousal and child support, w/o money or an attorney.
If your mortgage or rent payments are in arrears, and you are afraid of eviction, you may also Petition the Court, for a lump sum from your husband (or welfare), for payment of same. If your husband fails or refuses to pay, the Court can order him or his property held, until he relents.
Spouses are not obligated to file joint tax returns. So, If you believe it necessary, YOU may file your own tax return w/o your husband.
But, Whether it is necessary, or beneficial to you, to file separately, is an open question.
You may also request other info from the Court and local social service agencies re "legal services," mental hygiene counseling services, etc., which you may need.
Family Courts usually have babysitting/nursery services, for parents, for increased access to the Court. Which means, you CAN get the information and help that you may require, w/o incurring extreme hardship, by simply making a few calls, and getting yourself to the Court.
Good luck,