Legal Question in Family Law in New York

Residence

My ex and I divorced in 2003 through arbitration. I pay child support for my 3 children and half the taxes on the residence they all live in. She has now gotten remarried, and he has moved into ''my'' or ''our'' house. How does that work considering money issues? Tax payment?


Asked on 7/30/06, 7:45 pm

2 Answers from Attorneys

Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Residence

Courts generally do not require an Ex Spouse to directly or indirectly support an Ex Spouse's new mate.

Thus, your obligation to pay taxes on the house, will probably be terminated and decided by the Court, as no longer.

Please note, your child support obligation, is a separate matter and will continue and may be increased, even as the tax payment obligation is discontinued.

Suggest that you immediately review your divorce docs and circumstances with your attorney, to decide how your will proceed.

You may want to consider a legal action to compell your Ex to sell the house; or at least to compell her to pay you, your share and interest in the property.

Good luck,

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Answered on 7/31/06, 10:02 am
W. ADAM MANDELBAUM W. ADAM MANDELBAUM

Re: Residence

Your child support obligation remains. With respect to the payment of tax on the residence, a lawyer would first need to see the agreement and/or judgment of divorce, to see if this matter was addressed. You are probably looking at some form of modification proceeding to change the tax payment situation. For more info on NY law and forms + other useful info, go to:

http"//justiceneversleeps.net

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Answered on 7/31/06, 1:53 pm


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