Legal Question in Family Law in New York
Married 20 yrs. Not divorced yet.....but he
Insists that he does not want a divorce and that he will pay me more than what a court will award. Yet he says no child support for 16 and 18 year old. No help with college. He hasn't paid me any support yet - He has been gone a month to CT (was fired from job). Now he says all of the retirement from the 1st job is his, because I got a backpayment from disability for $14,000 and am getting 975 a month to live on. Our house payment is 1500 a month, car payment is 450 a month, he's not paying electric, gas, water ,girls expenses or anything. He says I have to use the $14,000. What do I do? He says he wants to retire together, but I am not getting enough to live on now. He had a girlfriend for 2 years while living with me. I learned through e-mails and him staying all weekend there. There is more, but I guess I need a mediator or lawyer.
2 Answers from Attorneys
Re: Married 20 yrs. Not divorced yet.....but he
He will pay you more than what a court will reward? Don't fall for that.
Your disability payment has nothing to do with his pension.
Go to Family Court and fill out the petition for child support.
Re: Married 20 yrs. Not divorced yet.....but he
You're right. You do need a lawyer. But you can do something first. Go to the family court and file for child support. I recommend this because it may take several weeks for a court date and any support award will be retroactive to the filing date. In the meantime, find a lawyer. Use your local bar association for recommendations. You may be entitled to a portion of your husband's retirement. Good luck!
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