Legal Question in Family Law in New York
Money from husband
I have been married for 23 years and have 5 kids. My husdand and I haven't been getting along and I feel like he is going to retire and leave me. If he does that, his income will be substantially reduced. Will the judge go on what he makes then as retirement only? He lives with me now and I don't know what to do. He doesn't support me or give me money for food for my kids.
2 Answers from Attorneys
Re: Money from husband
He has an obligation to support the children. His age would play a part as to whether a judge would impute income to him you should plan for these possibilities call me at 516 466 5297 for a free telephone consultation
Re: Money from husband
This is a difficult question. The general rule is that a person is allowed to retire even if his children are under 18.
However, if he is retiring under the age of 65 with no significant health problems, then he may be required to pay support at his old income.
The farther away from 65, the more likely he will have to pay at the old income.
A second point is: how much will his income be reduced? If he goes from 100,000 to 15,000; he will pay at the old income (100,000). On the other hand, if his income goes from 60 to 40 thousand, he will be more likely to pay at the new income.
You are welcome ask mor equestions and to a consultation for no fee.
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