Legal advice on Alimony in New York

I am retired with a pension for 5 years and spouse will receive 38% of my pension per month if we divorce. I work part time job and make 90, 000 total to her 30000. According to the maintenance calculator I would be paying over $1200 per month maintenance based on our wages before divorce. The spouse would be receiving $24000 yearly or $2000 monthly from pension, shouldn't that extra income on their side and my less earnings factor in how much maintenance they will get?

Since amount of alimony is based on whether or not the lesser earning spouse can support him/herself is it a more fair situation if both spouses worked during the marriage or is the earning potential of the lesser earning spouse taken into consideration? Are his/her separate accounts and inheritance taken into consideration? If a prenup is considered invalid would all of the higher earning spouse's assets, even separate accounts and inheritance, unrealized capital gains, pension, retirement accounts be used in calculating amount of alimony to be paid even if they were considered separate assets in the prenup? Does not paying alimony just increase the amount he’d have to pay in child support?

I have already filed twice before, with him avoiding the server and the second time not signing papers. He was going to but his talked him out of it, thinking I was doing something sneaky on which I wasn't. I didn't even put down spousal support the second time, even though I deserve it, do to him committing multiple affairs and abandoning me. Now I want to try this again because I have moved and is trying to start a new chapter in my life. But don't want him dragging along in it! I am on a low income because I cannot work due to health problems. The first time a friend help me out and just this past fall I did a do it yourself with no success on both parts. Please help me. We have been separated from each other for almost 4 years in April. We haven't lived together nor have any kids, no assets or nothing together. Can you please help? Just want to be free...

@Kelvin P Green The closing cost is 40k. the decree states we split the "net proceeds". isnt that after all closing costs and mortgage? or is it considered "silent" and then assumed everything is split 50/50. New york isnt a community property state. we agreed on other terms such as pension and medical ect. I dont get any of that.

I am being threatened with jail, because I cannot find a job after my recent job loss. I have been feverishly, trying to find a job to support myself, and new family, as well as pay almost $900 in spousal support. The judge is telling me I need to work two jobs. I have any nine month old baby at home, and no support or babysitter so my wife and I have to take alternating shifts. I can only work second or third shift. I cannot get a babysitter, because if I do, I will be working to pay a babysitter, spousal support, and try to survive. I am grossly behind on all of my bills at least 4 to 5 months apiece. That includes rent, Two car payments, and credit cards.

My ex husband is trying to reduce his child support obligation. He has been at the same job and gotten regular promotions, but his W-2 is somehow showing tens of thousands of dollars less in income than his W-2's of 2013. What is he actually allowed to deduct from his wages before the child support calculations come into play?

- ex has custody of child - ex has well-documented history of lying or being deceitful with court on details - based on evidence I have at hand I believe child meets standard for emancipation with regard to support payments. Is this something I bring to a family court or Supreme Court?

New York divorce Husband and I share a home while divorcing. We do not have any temporary orders on who pays what. He is proposing (verbally) for me to keep this marital house while he would keep an investment property we own. Our marital home became mold infested which is a huge health hazard. I have a claim out to insurance company but there is no guarantee they will cover all repairs. In addition to mold removal and remediation, there will be cleanup and restoration of walls required as well as roof/brick repairs to prevent future moisture accumulation which caused the mold. At this point a total estimate is 30K. Questions given the above 1. Would court see this as an emergency repairs due to its health hazard. 2. Who is financially responsible for repairs on marital home especially due to this being a health hazard. 3. Can marital funds such as an IRA be cashed in for the amount to be used for repairs which is not covered by insurance? There is no cash on hand available 4. If IRA is cashed in will both of us be responsible for penalty and additional tax on the amount? 5. If IRA is cashed in for mold related repairs will total asset division be lowered.

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My attorney never asked for maintenance for me even though I and my child both depended on my ex, who made a very good salary, for support during the 18 years of marriage. My ex refused to allow me to work. The settlement agreement my attorney told me to sign made it so that we were forced onto public assistance. I will be a senior citizen very soon and have now become disabled. I am on minimal SSI disability of $800 per month, and soon child support will end as my child is grown. The attorney also did not put any provisions regarding my entitlement to my ex husband's retirement benefits in the agreement either. Can I go back to court and ask for the judge to order maintenance for me? I do not know how I will survive without some sort of support. Thank you.