When contemplating a divorce and separated from your spouse, many people face financial separation issues that can affect your children and household bills. Albany Divorce Lawyer Jean Mahserjian will advise you of your rights while being apart.
Question:
My husband and I have been having marriage issues for 13 years since we married. Due to the children involved, we both are trying to reconcile, but nothing worked. The marriage consular also recommended us to be temporarily separated. He lost his job last June and He decided to find a job else where. Now he got a job in NC 15 hours driving from Albany, NY where we live. He told the marriage consular and me that he might or might now come back. We have a house to support (about $3k/month up keeping and mortgage, tax etc) and a 10 year old child to support. He said he will send $1200/m child support(he makes $12000+/year). I said I need to prepare for the worst that means he would not come back. So I asked him to sign an financial separation agreement. It stated if he does not want to support the house, you can take 50% of the home equality and give up the owner ship of the house. He refused to sign anything. He refused. He said I pissed him off by talking too much. If I don’t shut off, he will leave and never come back, just send child support. I have stable job and saving money for IRA, but he never save anything. My question is that how can I protect myself financially?
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Answer:
You have more than one option. The first would be to simply file seeking child support/and or spousal maintenance in Family Court. Family Court has the jurisdiction to decide those two issues, but not anything pertaining to your divorce. The other option is to file for divorce and seek to protect yourself on the house, divide all assets, and obtain an order of child support and/or spousal maintenance. You should consult with an attorney to review all of your options and to get some idea of what the numbers will be.
This legal question was provided by Avvo and answered by Jean Mahserjian, an experienced Albany Divorce Lawyer. This does not consent an attorney client relationship.
To speak with the lawyers at Jean M. Mahserjian, Esq., P.C., call us at the number above. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.
