Q: my ex husband filed a temp restraining order because i contact him at work, asking for the alimony that he owes me. he claims me contacting him on a regular basis asking for money is extortion. he does not state in the paperwork that all the dates he's quoting i called him are documented by me as late payments that he missed. he's currently in violation of the judgment still!! he's owed me money for at least over a year now. if i contact him to ask him to pay me (what he agreed in the judgment to pay), is this extortion? he's claiming i'm "threatening him" by saying i'm going to send cops to his residence. I told him if he doesn't pay me as he's supposed to, i'm filing an OTSC against him, and ask the judge to allow me to have NYPD serve him at work or at home (since i don't think his lawyer actually works for him anymore). he says this is extortion and threatening. is it?
Q: If I make 200,000 a year. It's a percentage of whatever I make period or is there a max income amount?
Q: I make almost three times what my husband makes and we have two children. I would be the custodial parent. I would have to pay him spousal support? What about kids tuition, medical and all the extras I pay. How could I be expected to pay him while he lives scott free with his mistreess blocks away from our home? He is currently giving me $300 every two weeks but recently stopped. We have been separated 3 months. What do I do?
A: David's Answer: Merely because he earns more than you doesn't mean you necessarily pay him spousal support. While there are calculators to figure out presumptive levels of maintenance (i.e., spousal support), there are numerous factors the court may use to deviate from the presumptive number. Schedule a consult with Bronx Alimony attorney for a full assessment.
Q: Home was recently sold at Sheriff's Sale. I could no longer afford it and my expenses (including substantial medical expenses due to a debilitating disease diagnosed ten years ago) have increased quite a bit. I don't have funds for a rental. Is this considered a change of circumstances for consideration for an increase in alimony? Divorced 25 years ago - there has been no change in alimony.
A: David's Answer: If you were divorced 25 years ago, then the question becomes how long the alimony was ordered for (in terms of duration)? if it terminated many years ago, then it would be extremely hard to justify a resumption of the alimony at this point. Moreover, one would need to know more about your finances & ability to become self-supporting. Schedule a consult with a Westchester Alimony attorney for a full assessment.