Legal Question in Family Law in New York

Spousal Support

My fiance is currently going through a divorce (uncontested). He resides in Virginia and his astrange wife resides in New Hamphire. Five years ago when they separated she moved to New York (Buffalo) and filed for child support and spousal support, the courts granted her both (she was not working at the time and lied about her living situation). About two years ago, she moved from New York to New Hampshire, she is currently living in subsidize housing and had been working for about a year until a few days ago when she called him to inform him that she got fired from her job due to fraud. My fiance is concern because he plans to go back to court to have the spousal support dropped. His divorce will be finalized sometime this month. Once he goes back to court will the fact that they are divorce and he plans to remarry carry any weigt with the courts? He is concern that because she is not working he will have to continue to support her. How does the law work in N.Y. concerning spousal support and does the fact that she is no longer in N.Y. matter? If her unemployed is due to something that she did will that be taken into consideration?


Asked on 10/05/05, 9:16 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Spousal Support

Info & evidence about the Ex intentionally spoiling her chances for gainful employment and self support, is more important and helpfull than Info about his proposed new obligations.

Good luck,

Phroska L. McAlister, ESQ

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Answered on 10/05/05, 2:51 pm


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