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.
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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.
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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.
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!
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