Legal Question in Family Law in New York

My husband & i have been seperated for 3 years. We were married for 25 yrs. I have a 21 yr old daughter who goes away to college but is home once a month, holidays, and 4 months in the summer. My husband gives me $900 towards my rent of 1450 a month. When my daughter is home in the summer he gives me an addtl $35 a week for food for her. He lives in his sisters house and he still pays for my health ins and my car insurance. I was recently laid off from my job, my severence is up in Sept and unemployment will not make it for my bills. He claims he can only give me 1200 a month for three month that still doesn't help me. My daughter has student loans and anything else she needs from him is a major issue and fight. Is there anything i can do since i have to be out of my apt in Oct. don't have a months rent and security to move to another apt. Needless to say i will not be living in the lifestyle i was accustomed to. I can only afford a studio apt. Can i apply for child support now for the past three years or is it too late?What can be done so my daughter and I can survive. I've been looking for a job for 3 months and of course its bad timing....We live in New York please advise . thanks


Asked on 8/30/09, 5:30 pm

1 Answer from Attorneys
Rory Alarcon Rory Alarcon, Esq.

You will not be living in the accustomed lifestyle you were used to at any time in the future if your husband has substantial assets and income. Be it that he lives with his sister, this does not seem to be the situation.

I suggest that you file for divorce with a request for spousal support and child support, or file for such items in the local Family Court as soon as possible. You will only be able to petition for child support from the date of your petition forward, but may receive contribution toward debts owed relating to your daughter.

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Answered on 9/08/09, 9:43 am


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