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What is the statutory minimum that I would be ordered to pay? Would it be fair for the court to consider my stocks and house?

Q:My wife and I live in and were married in NY. I was just terminated from my government job; I’m claiming it was due to a disability and have retained an attorney in this regard. I intend to file for divorce and know that she will get custody of our son and that I will have to pay child support. She does not work, and I have no current income, other than $3,000 in stock dividends yearly, and minuscule bank interest. My stock holdings are worth about $200k . I own the house, worth about $800k and intend to live there. I know that the standard for support would be 17% of my income, but I don’t have a salary, not a pension. I have a strong case against the government, but it can take a year or more for my disability retirement to be approved, or denied, but my case is very compelling. I’m afraid the support magistrate is going to look at me as having a lot of money, but I have no steady and very little income flow. If I were to sell my stocks to help pay for support, I wouldn’t have enough left to pay my taxes on substantial capital gains. 

A:The issue is that you’d need a medical report from your Doctor stating, among other things, that you’re totally disabled and cannot perform any form of work. If that’s not your case, then you’d need to look for work in fields given your limitations. Schedule a consult with a Westchester Divorce attorney for a full assessment. 

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