Legal Question in Family Law in New York

Re: assets of a non married couple

In Ohio, much of what you describe would be treated as marital or joint assets and liabilities unless they could be proven to be separated out. The son you share in common is a minor and therefore would be subject to child support.

Re: assets of a non married couple

I may be wrong, but it sounds like the 'relationship' you are referring to is not a marriage. Assuming this....

If you are not married, the issues are a bit more complex. Most Ohio courts will not find an implied contract based merely on cohabitation. Unjust enrichment may be possible.

The contracts that you do have (joint loans and mortgage) can be legally separated. Tricky, however. Should the interest of a party be that of their individual contribution, or one half of the parties joint contributions? - also, who shares the equity?

Usually two options with real estate - the parties sell it and divide the proceeds equitably. Alternatively one party refinances and pays off the other party for their interest therein.

The parenting arrangement will be taken care of by the Juvenile Court.

Feel free to contact my office if you need to discuss.

Re: assets of a non married couple

If you are in New York, the house and other jointly held assets can be divided or sold and the proceeds distributed in proportion to your respective contributions. The parent who has custody of your five-year-old will be entitled to support from the other. The amount of support to be paid will be in the neighborhood of 17% of gross income less social security and NYC/Yonkers local taxes actually paid, plus a proportionate share of unreibursed medical, daycare and education expenses, all subject to adjustment depending on a variety of factors. Contact an attorney to discuss the details of your case and the options available to you.