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Sharon Marie Faulkner

Sharon Faulkner’s Answers

4 total

  • I am in the process of a divorce. He has a NY State pension, worked about 20 years and been married 15. How much is divided?

    Division of NY State Pension.

    Sharon’s Answer

    The law in New York is that the marital portion is divided, usually 50%. The marital portion is what accrued from the date of your marriage until the date either a divorce proceeding is commenced or another date you agree on (e.g., date an agreement is signed), so pursuant to your question, 15 years of the 20. You must also be sure to negotiate that you also receive your proportionate share of pre-retirement death benefits, a joint and survivor annuity, plan enhancements, increases, etc.

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  • Family court support.

    My husband and I have been seperated since 4/08,we have two boys 17 and 10 years old,he has not given me any money since June 08 and I just found out that I also have no medical coverage,he is living with someone else in Queens ny and I am living...

    Sharon’s Answer

    If the matter was set for an inquest you will be basically having a one sided trial where the support magistrate will determine the amount of support your husband must pay. Child support for 2 children in NY is 25% of your husband's after tax income and child support is through age 21. It would be helpful for you to bring any evidence you have of his income, including paystubs, tax returns, W-2s, etc. You should also bring any evidence of your expenses, including houshold expenses, medical expenses for you and the children, etc., so you can show what your needs are. The support order can be paid through the Support Collection Unit, so his paycheck can be garnished. Last, you are entitled to support back to the date you filed the petition, not just from the date you are in court, forward.

    If he has medical coverage through his employer, he will be required to maintain the children on the insurance. If your petition included a request for spousal support (alimony) he may also be required to maintain you as well.

    He should not be able to get a divorce without notifying you as he must prove that you were personally served with a copy of any complaint for divorce.

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  • Divorce

    i live in weschester co. NY, and i want to get a divorce. i have no real ground for divorce other than i'm not in love with him anymore. my spouse lives with me , but is not on my lease. he doesn't have a job, and is not contributing to any of th...

    Sharon’s Answer

    You need grounds in the State of New York to get a divorce, which include cruel and inhuman treatment, adultery, abandonment or constructive abandonment for one year, or living separate and apart pursuant to a valid separation agreement for more than one year. I would suggest you find a divorce attorney in Westchester who can discuss your options and come up with a plan to move forward with a divorce.

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  • NY divorce and separation laws and procedures

    if one person moves away from the home but couple has not legally filed papers for seperation or divorce how long many months do they have before the state of ny considers them legally seperated

    Sharon’s Answer

    Unfortunately you are not "legally" separated until you either sign a Separation Agreement (in the proper form and notarized properly) or you pursue a Judgment of Separation (although this is rarely done). The spouse who remains in the home would have a cause of action against the one who left for abandonment after one year if suing for divorce. Bottom line is that you are not legally separated just by living apart until there is a signed agreement or a judgment of separation.

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