Legal Question in Family Law in New York
Living apart not leagally separated
My husband and I are living apart and may eventually get a legal separation. He has told me that he does not have to give me any money since we are not legally separated. He earns about 85% of our income as I only work a few hours per week. Is he still responsible for helping with the bills(all are in my name) and child support? He gives me $300 a week and that just covers the bills, not including food gas and things for the kids(we have 4). I only make $182 wk. I just received an oil and propane fill which is going to be about $600. This is on top of all the other bills. I also paid 1/2 the school tax bill by borrowing money. With xmas coming I don/t know what to do. He says he is giving me this money by his own chose but that he does not have to give me anything. Any advice would be helpfull.
3 Answers from Attorneys
Re: Living apart not leagally separated
Your husband is REQUIRED BY LAW to pay child support for his 4 children (assuming they are all minors). Do you know what his income is? He must pay 31% towards child support.
You must go to the Family Court in your county and ask the clerk for a child support petition. Fill it out and give it back to the clerk. Bring with you all the children's birth dates and SS #'s and your Husbands address (need this)and SS# (if you know it).
The court will tell you what to do next regarding "service" of the petition on your Husband and when to appear in court. You MUST appear that day.
Re: Living apart not leagally separated
You should immediately consult a qualified matrimonial attorney in your area. There are steps you can take to insure that your husband pays appropriate child support, and possibly other sums as well.
Re: Living apart not leagally separated
You have every right to receive support, if he won't provide support voluntarily you may need to file a support petition in court.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
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