Legal Question in Family Law in New York

spousal support / property

i have been married 19 months and have 2 children. my wife and i have been seperated for just over 2 months at her request. i pay child support and have visitation, both court ordered. my wife works 24 hrs per wk at a job that pays 7.00 per hr plus commission and tips and i pay close to 200.00 /wk for support. she lives in the house we purchased 9 months ago. we are going for a legal seperation and i am wondering what my legal obligations are to her. spousal support / maintainance? in the event of divorce am i responsible to pay for the house? mortgage is both of our names. our kids are 2yrs and 6 mos. that is the only ''joint property'' / marital asset we have. am i legally responsible to pay for the house for the kids seeing that we only bought and lived in it 7 mos. before my wife asked me to leave? i know what my legal resposiblities are to my kids but am interested if she can force me to pay for the mortgage as this seperation is what she wanted or can i have my name taken off the mortgage and let her have it. thank you in advance


Asked on 2/09/05, 8:04 am

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: spousal support / property

The short duration of the marriage will weigh against an award of maintenance. However, depending on the circumstances, your wife's inability to support herself could be an issue, particularly with regard to the home and mortgage. In any event, any obligation imposed would likely be limited to a short term. You should consult with a qualified attorney immediately, committing to nothing in the separation until you have done so.

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Answered on 2/09/05, 11:26 pm


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