Q: Getting Divorced. Previous to my marriage of 23 years I was in a car accident, TBI . Husband was fully aware of my situation before marriage. I have been a stay at home mom for 17 years. I believe at this point in time I am not capable of being self supporting. I...
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Can someone go to Jail for failure to pay alimony to an ex who got millions in the divorce and he lost his job?
Q: My boyfriend who is 73 lost his job at a big law firm over 3 years ago when he was living in NYC? His ex wife in the divorce got millions, house, life insurance policy paid for, trust fund, SS. When he lost his job he filed for modification and they had a trial...
My exspousal is refusing to pay spousal support per our divorce settlement. What is the recourse?
Q: Says he does not have to pay spousal support even though it's in our divorce agreement. Is he in contempt of court?A: Assuming the amount is specified in the agreement and the agreement is incorporated into the Judgement, then he'd appear to be violating...
Can I get a neurological evaluation, both cognitive and physical, to show limits in earning capacity?
Q: Getting Divorced. Previous to my marriage of 23 years I was in a car accident, TBI . Husband was fully aware of my situation before marriage. A: You should indeed get an evaluation which would confirm your inability to work. Indeed, I'd suggest to...
My husband works part time by choice if we divorce would I have to give him spousal maintenance
Q: My husband works part time by choice the rest of the year gets unemployment would I be required to give him spousal support right now I'm keeping a roof over the heads of our entire family while he doesn't do anythingA: The Court has the power to impute income to...
How much maintenance would I get ?
Q: We were married for 28 yrs he makes $85,000 and I now make $38,000, but I did not work until about 6 yrs ago and have not made that much each yr A: Presumptive maintenance, on the court's calculator (http://www.courts.state.ny.us/divorce/calculator.pdf) appears to...
How many times can I petition for contempt to court for child support? He isn’t consistent.
Q: He won't pay the rest of his arrears or monthly payments. He gave me half of his arrears 4,000 and said that should be enough for now. But he left me pregnant 2 half years ago and never paid till now. He needs to pay off the rest of his arrears and start paying...
What’s the max income amount that alimony can be applied?
Q: If I make 200,000 a year. It's a percentage of whatever I make period or is there a max income amount?A: David's Answer: The general rule is that the presumptive calculations are capped at a combined income of $175,000. That said, the Court does have the power to...
Alimony Loss of Home
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...
