Legal Question in Family Law in New York
Dividing assets after 9 year separation-child support and alimony pd.
I live in the state of New York. I was married in 1988. We had a daughter in 1994 and in 1995 we separated.In 1996 I started paying child support and was ordered to pay Alimony by the court even though we did not have a legal separation. I have proof of this. We lived apart since 1995 except for 6 months recently in which I stayed with her to help us both out financially. I helped her refinance the house we jointly own and continued to pay child support through the court system. I have since moved to my own place once more and would like to get a divorce. My question is since I only lived with my wife for approx 8 years and have been paying child support since and alimony until she could support herself is she entitled to 1/2 of all my assets that I gained while living apart from her or with the right attorney can I keep her from claiming this. she has also claimed head of household and my daughter on her taxes all these years and will not allow me to unless I get a lawyer to force her to even though I have paid more than 1/2 of daughters support every year of her life.I'd appreciate any advice you can give me so that I can find the right lawyer to aid my cause.
2 Answers from Attorneys
Re: Dividing assets after 9 year separation-child support and alimony pd.
In NY, property acquired during marriage, is "presumed" to be marital property. But, that presumption may be "rebutted," by submission of proofs that the "separate property" was not acquired via the the direct or indirect contributions of the non-titled spouse.
Thus, you may have a good chance of retaining your "separate property."
So,... Get a lawyer ASAP, in your locale. You need to stop postponing the inevitable and protect your property rights and interests.
Good luck,
Phroska L. McAlister,ESQ
Re: Dividing assets after 9 year separation-child support and alimony pd.
Unfortunately, I must recomend that you find the right attorney.
Your attorney must evaluate all of the facts and circumstances of your particular case. He/she may be able to protect assets acquired while you were separated. There is no connection between child support, maintenance, and marital assets.
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