Legal Question in Family Law in New York

divorce and child support

My ex wife and I have been seperated since 2004 and have been in to family court where child support was decided. I am a city worker currently deployed with the military. The family court decided that the income from the military could not be included because I have to repay the full amount upon my return to my city job. Now during the divorce preceedings she is asking for more money. Can they include assets obtained after the divorce action began almost 2 years ago?


Asked on 3/12/07, 5:06 am

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Re: divorce and child support

Without a bit more informatoin, it's hard to answer your question precisely. However, ordinarily, assets obtained after the marital period has ended, that is, in your case, after the separation began, are considered separate assets, at least for the purpose of equitable distribution.

Support calculations are different, and the current incomes of the parties can be considered.

Also, a critical factor is how the assets you're talking about were obtained. Was it in exchange for a marital asset? That can make a difference.

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Answered on 3/12/07, 6:27 am


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