Legal Question in Family Law in New York

Re: If my wife took off 5 years ago and left me behind with a house and child

based upon what you say you should not be concerned about her taking the child in fact you are probably entitled to child support you can call me at 516 466 5297 for a free telephone consultation

Re: If my wife took off 5 years ago and left me behind with a house and child

A spouses' equitable interest in marital property is not a set amount or percentage. It is supposed to be determined by the spouse's direct and indirect contribution to the "marriage economic partnership;" or the acquisition and maintenance of the marriage assets.

In your case it could be argued that your spouse's contribution to marriage and care for the child has been non existant, which could offset her claims for a 50% share of the equity value of your assets.

In addition, if your child is young the court is likely to permit you exclusive occupancy with your child, until your child's majority, before requiring payment of any sum to your spouse for her equity in the house.

In any case, you need a lawyer for all aspects of your case, before saying or doing anything. You also need to gather all of your financial and other info and docs since the house purchase and birth of your child, to date.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

Re: If my wife took off 5 years ago and left me behind with a house and child

In NY, you can sue for abandonment after one year if she left without your consent and without justification (abuse). If the house is marital property she will be entitled to a portion of the value. Since you have been the child's caretaker/provider, it is not likely that you would have to give joint custody.