Legal Question in Family Law in New York
disability and child support
If my husband is on full disabliity and recieves about 3200.00 amonth in benefits and out of that amount, 900.00 is made out to my 2 kids. If I were to file for divorce, could I get child support?
I was part time unitl a month ago with a salary of 35,000 a year, I just started full time and will be making 49,000 a year.
I f I was given full custody would I then receive the 900.00 the kids get from his disability?
2 Answers from Attorneys
Re: disability and child support
You can file for your divorce and include child support in your divorce petition.
Are you interested in alimony?
Sincerely,
Patricia Martin-Gibbons, Esq.
Re: disability and child support
The children's benefits are for them. In addition to those benefits, your husband would still be responsible to pay child support from his disability payments as well. See DRL 240(1-b)(B)(5).
J. Douglas Barics
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