Legal Question in Family Law in New York
Never Married 2 kids 20 years
I've been together with my girlfriend for twenty years (never married). We have 2 kids together 13 and 9. She never worked. I pay all the bills. Name on house is mine. I moved out a year ago and live with my mother as it is closer to my job, but continue to pay for everything as to avoid paying support because I make about 180k a year. I will be retiring from the police force next year in Jan and will be taking 100k yearly salary. What is she intitled to? My pension? What about the kids. I enjoy being a father. Any words of advice would be greatly appreciated. Thank you.
2 Answers from Attorneys
Re: Never Married 2 kids 20 years
She is entitled to support on the kids, the minimum on the support is 25%. She has no rights to pensions or to property as you are not married. Had you been married she would be entitled to half.
Back to support, in addition to the 25% she is entitled very likely to all of the "extra's" such as child care (she will now have to work as you're not supporting her) and summer camp etc. The court may, if it awards her residential custody of the kids, order you to maintain the residence you own for the children until they are at least 18, or are otherwise emancipated.
If you are awarded residential custody of the children, you would get the house back and she would have to move.
That all said, sometimes law and equity split, and what is legal is not always equitable. If you want to avoid a messy fight, that might effect the kids, you should work to do something equitable as well as legal. It may behoove you to speak with an attorney. Agreeing to support her until she can get on her feet, or for 3 years whichever is first is often the court's solution in divorce cases with similar facts (but with an actual marriage)Occasionally the court will still grant alimony but assuming that she is able to work, that is unlikely.
If you would like to discuss this further, please call us or contact us by following the links below. We work with PBA lawyers in Nassau County and help a lot of people on the job.
Good luck
Re: Never Married 2 kids 20 years
Great answer from Attorney Colleluori.
Only want to add that, you also ASK or involve your children in your deliberations with their mother.
Do not permit your children to imagine or "hear" the worst about you or their possible fate. Which, may happen if you assume they should be left out of the discussions, because they are children.
Try to remember how much you "heard" knew and understood, when you were a youngster; or how "aware" girls of your age seem to be, around the ages of your children.
Good luck,
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