Legal Question in Family Law in New York

Alimony

If as a woman you leave a family residence in which there is a husband and 2 children ages 12 and 14 am I responsible for any alimony. The reason for my leaving is mental cruelty.


Asked on 1/22/01, 10:44 am

2 Answers from Attorneys

Jeremy Morley Morley & Trager

Re: Alimony

Under New York law the reason for leaving your husband and children will not affect whether or not you must pay maintenance (alimony). Maintenance depends on whether your husband needs financial help to get back onhis feet and involves, among many other factors, a review of your respective financial positions. You may well be required to pay child support if your husband has custody of the children.

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Answered on 2/14/01, 11:07 pm
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Alimony or Child Support?

Alimony is now called maintenance. It involves consideration of the relative financial abilities and financial needs of both parties. Depending on your income and circumstances, it is problematic.

But CHILD support is a virtual certainty, if you leave the children with him.

If he is abusing you, then you may be able to obtain an Order of Protection against him, and exclusive occupancy of the marital home.

Suggest you schedule an in-depth consultation with an experienced matrimonial attorney.

For more information, please see my web site.

www.BravermanLawFirm.com

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Answered on 2/16/01, 11:20 pm


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