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?
2 Answers from Attorneys
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.
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