Legal Question in Family Law in New York

Divorce/Custody

My sister's husband recently walked out on her and their 3-year-old daughter. He was told by his lawyer that he would have to pay only $400 per month (half of the mortgage) while my sister pays all other bills including child expenses, utilities, car payments, food and half mortgage. She left the house due to emotional unstability to stay with me until the house is sold. He is thinking of moving back into the house. His lawyer told my sister she would have to pay for half of all his bills in the house. She does make more then he does. Is this true? Also, does she have to let him see their daughter before they go to court? To date, he pays no child support. He currently sees their daughter every Sat. between 11am-7pm (per his lawyer). My sister does not agree with the company he keeps (possible drug activity) and is afraid for her daughter. My sister's lawyer is doing everything that his lawyer says to do. He is doing nothing to help my sister. She is devastated and has lost 40 lbs. and is on depressing and nerve medication because of all this. I beg you,Please help!!


Asked on 4/10/00, 10:24 am

1 Answer from Attorneys
Daniel Clement Law Offices of Daniel Clement

Re: Divorce/Custody

If your sister's attorney is not adequately protecting her, switch attorneys. At a minimum, your sister is entitled to receive 17% of his income in child support. She may, depending upon all the facts, be entitled to receive more.

If your sister is troubled about her representation, at least consult with another attorney.

Daniel Clement

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Answered on 4/21/00, 10:01 am


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