Legal Question in Family Law in New York

Re: Divorce/maintenance/ child support

You may very well be entitled to spousal support, child support, and a portion of marital assets. The grounds for your divorce can be abandonment, but only if your husband has been gone for at least one year. However, there may be other grounds. Contact an attorney to discuss your options.

Re: Divorce/maintenance/ child support

Q. Would I qualify for support and maintenance support while I am trying to get a job?

A. To determine whether an individual qualifies for maintenance, the amount and duration, the Court looks to NY DRL 236B. The determining factors are:

"(1) the income and property of the respective parties including marital property distributed pursuant to subdivision five of this part;

(2) the duration of the marriage and the age and health of both parties;

(3) the present and future earning capacity of both parties;

(4) the ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefor;

(5) reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage;

(6) the presence of children of the marriage in the respective homes of the parties;

(7) the tax consequences to each party;

(8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

(9) the wasteful dissipation of marital property by either spouse;

(10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

(11) any other factor which the court shall expressly find to be just and proper."

Based on your question, I do not have enough information to determine if you would qualify for maintenance. However, I most certainly can tell you that you qualify for child support. You should immediately be making application in the local Family Court for child support (you can also ask for spousal support). Most Family Courts have an intake room that will help you with the petition.

Q. Can I file for abandonment since he left me without a job?

A. As a reason for divorce, abandonment must be for over 1 year. However, as to your question of insurance, he must continue insurance for the child. He must also continue insurance for you. You may ask for this relief when you go to Family Court.

Mike.