Legal Question in Family Law in New York

child support new york

hi, i am currently unemployed, and looking to divorce. I have two small babies. My husband makes about 110,000 a year, with a promotion under his wing making a lil more soon. I am hoping to work soon making about half of that. Approx what would I get from child support? Can I get spousal maintence as well? Should I start working before I take him to court?


Asked on 1/14/08, 11:21 am

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: child support new york

With 2 children and a spouse earning approximately 110,000 a year, you should be receiving approximately $27,500 a year in child support, or $528.85 a week. If the children go into day care, your husband will also be responsible for a percentage of the cost.

Without knowing any additional factors, you are probably eligible for spousal maintenance. Certainly, if you go to Family Court before the divorce, you would be receiving child support and spousal support.

I always think its better to demonstrate employment, depending on the age of the children. For example, if the child is an infant, the Court will not expect employment. If the child is in elementary school, you should have some employment - at least part time. If the child is high school, you should demonstrate employment.

Mike.

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Answered on 1/14/08, 11:42 am


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