Legal Question in Family Law in New York
Child Support
My husband left me, our children and the home one year ago. I do not wish to pursue a separation or divorce right now; I need to know if I can still legally pursue child support/maintenance from him without a separation or divorce, and if so, would it be as much as I would be entitled to with the divorce or separation? Thank You
3 Answers from Attorneys
Re: Child Support
No problem. As long as he is the father, you can ask for support even if you still live together.
If you are still married you can also ask for maintenance for yourself even if you live together.
You may apply at your local family court. It does not matter where he lives, but you should know where as it will speed up the application.
If you are in NYC and if limited income I can supply the name and number of organizations that will advise you for free.
I, of course, believe that you should hire competant counsel to pursue the action.
If you are receiving aid from social services they will initiate the action.
http://firms.findlaw.com/Bunji
Re: Child Support
Yes. Application for support of both the children and you may be made at the Family Court located in the County where the children reside.
There is an intake room at the Family Court. The Court handles all procedural aspects (service of the husband, court date, drafting of document, etc.) and is free.
Mike.
Re: Child Support
You can, and should, pursue your husband for child support. Maintenance is not granted regularly in New York anymore, but child support is.
Child support is based on a percentage of your husband's income, less FICA taxes. It does not matter if you are married or divorced, the percentage is based on the number of children you have.
I would suggest you retain a qualified attorney to help you get child support. You will pay for the services, but you will save yourself a lot of heartache and confusion.