Alimony and child support in nassau county?

Asked over 1 year ago - Floral Park, NY

will i gat child upport and alimony my husband make over 15o,ooo a year I have a 9 year old son. and i make 12,000 a year working part time due this an illness i have. He gives me 500 a week. I dont feel like its enough. my soon to be ex husband says that all I am able to get even if i go to court.is this true

Attorney answers (4)

  1. Janine Marie Campanaro

    Contributor Level 4

    2

    Lawyers agree

    Answered . Probably not true - it is possible that you are entitled for more. For instance, because you two have one child, child support alone would be 17% of your combined income, which would equal close to what you are receiving now. That is without considering maintenance. However, more information is needed to provide a better answer, particularly whether or not he shows this amount is income (or if, for instance, he gets paid off the books, owns his own company, etc. all things which make proving income more complicated).

    Also unclear is whether you two already have an existing agreement that both of you have signed accepting this amount. If you do, you would have to file for a modificaiton.

    Either way, you should consult with a local matrimonial or family law attorney to aid you in this process - either find one on avvo.com or call the nassau county bar association. Because he is the monied spouse, he may also be responsible for paying for some or all of your attorney's fees.

    Good luck.

    Please note that my answer in no way establishes a lawyer/client relationship but is only meant to offer general... more
  2. Marco Caviglia

    Contributor Level 20

    2

    Lawyers agree

    Answered . Based upon the cap of $136,000 he is probably correct, ignoring add ons such as medical, child care, etc. which can really add up too. However, you have a good argument on spousal maintenance at first blush, and you should consult a matrimonial attorney about particulars and outcomes in your situation.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for... more
  3. Morghan L Richardson

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . I agree with the other attorneys who answered. You need to have a lawyer assess the whole case and see if you can get maintenance. Further, you are entitled to your share of the marital assets (which may include a house, his pensions, and other items that a lawyer would need to review with you).

  4. Deborah G. Fiss

    Contributor Level 14

    1

    Lawyer agrees

    Answered . You should start a divorce action asking for all kinds of money ASAP since the payments are retroactive to when you file.

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