Legal Question in Family Law in New York

Education Responsibility

If a divorced man marries a divorced women with two minor children is he resposible for any part of their financial education or financial well being. Is the new wife entitled to any part of his pension or social security or would those funds be granted to his first wife?


Asked on 4/24/04, 8:35 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Education Responsibility

No.

Education responsibilty for a spouse's children is based ONLY upon both parties' Agreement and Understanding, with each other.

However, When married, each party to the marriage is obligated to support the other party; and the law considers the marriage a "financial partnership." Which essentially means that 50% of your income, that is not otherwise allocated to your children and ex spouse, (per Court Order)is income your current wife may claim. Likewise, You have an 50% equitable share in your wife's income, not otherwise allocated to her ex spouse; or a preexisting obligations.

Pensions, an like marital investments are generally covered in the divorce Judgment or Stip.

Interest in same by spouses, Ex or current is usually based on a formula that calculates years of marriage pension accumlated.

Ex spouses are entitled to SSI on their own account, if employed. They are also entitled to SSI on their Ex's account if married 10 plus years. Current Spouse is entitled to SSI on their own account; and on their deceased Spouse's

account. An Ex and current spouse, can concurrently (at the same time) collect SSI on a deceased "spouse's" account.

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Answered on 4/25/04, 1:08 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Education Responsibility

There are 2 questions here.

The first (your responsibilitiies towards your new spouse's children) - answer: your responsibility is largely moral, not legal. however, you have the usual responsibilities of an adult residing with children under the age of 18.

The second question is about your responsibilities to your new spouse. they are the same as if you had not been married before.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

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Answered on 4/25/04, 10:27 pm


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