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How much spousal or child support can i get?

New York, NY |

Husband abandoned me and special needs child with no way to pay bills. I am not working also i have medical issues. Married over ten years. He makes over 80,000 a year. Was paying all bills up until 2 months ago. He has no other bills preventing him from taking care of household. Will the court look at how nasty he's treating us? And take what ever amount we need to cover bills he was already covering for over ten years.

Attorney Answers 4


  1. Court will calculate child support and spousal maintenance based upon a formula and will probably deviate off of the formula. They will also make sure that he has an amount for himself. Everyone's standard of living will go down. For one child it is 17 percent of his adjusted gross which is gross income less social security, medicare and NYC tax and any prior order for child support for child support, two children is 25 percent, for three children it is 29 percent. The special needs portion will also be addressed with add ons for medical expenses. Add ons should be pro rata with a ratio between his income and yours. You are entitled to legal fees of there is a substantial difference in income 80,000 and zero is substantial. Consult with an experienced divorce or family law attorney to help you. Do not represent yourself, it is not easy.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.


  2. To get an idea of how much support you may receive, you can consult the following websites on child support calculation: http://www.nyc.gov/html/hra/html/directory/child_support_calculator.shtml and maintenance calculation: http://www.nycourts.gov/divorce/calculator.pdf. Nevertheless, for an ultimate award, the Court takes into account a host of factors. You are thus better off scheduling a follow-up consultation with a NYC Divorce attorney.

    * If you found my answer to be helpful, or the "best answer," please feel free to mark it accordingly.


  3. The court will calculate child support based on his income. Spousal maintenance or spousal support can also be requested. Your expenses will be considered by the court.


  4. Generally, the Court's goal will be to maintain the "status quo" and the "standard of living" that was in place before the break-up of the marriage--especially with respect to the lifestyle of the child. That said, it is simply not possible to support two households for the same cost as one. Thus, there will be economic pain all around. How that economic pain is distributed depends in part on formulas, and in part upon how well the Court understands the situation. If you have a good advocate attorney, the Court will probably find, on balance, that the needs of your child come first and the needs of your husband come last--if you do not have a good advocate, the opposite may occur. Again, the status quo matters. I strongly suggest you consult with a local attorney immediately. Considering your spouse is the only one with income, he will most likely be ordered by the Court to contribute to some or all of your attorneys fees. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.

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