Legal Question in Family Law in New York

Abandonment; separation

My husband left me and the kids one year ago, with no legal papers drawn. Do I have grounds for abandonment, and what are his financial responsibilities until the separation is legal?


Asked on 7/27/01, 7:20 pm

2 Answers from Attorneys

Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Abandonment; separation

Yes, you can file for divorce based on abandonment.

His financial responsibilities are primarily to the children. He must pay a percentage of his income, less FICA tax, for their support. The percentage is based on the number of children you have.

I would suggest you retain a qualified divorce attorney. I don't know anything about your financial situation, but equitable distribution of your marital property will be an issue.

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Answered on 7/31/01, 10:27 am

Re: Abandonment; separation

I sincerly believe you now have grounds for

divorce

Child support runs from the date of a filing

so I would be hiring an attorney as soon as

possible and paying the $ 170 filing fee to

get this obligation running. He owes nothing

for the year he was gone.

The same principle holds for maintenance, if

any is to be awarded. This will run from

the date of filing.

Run, do not walk, to your nearest friendly

attorney

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Answered on 7/30/01, 8:33 am


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