Legal Question in Family Law in New York

I'm in a VERY complicated situation

I'm 20 years old, and live with my parents. My mom is a house-wife, and my dad is employed, and I go to college. Both parents are in their 60's. The problem is that my father is threatening to kick us out. H never gives me or my mom any money. Everytime something important comes up like wanting to renovate the apartment, my dad refuses to do so, and says it's his money, and he can do whatever he wants with it. He wants to pay all his debts which isn't even my mom's fault. He keeps all his money to himself and doesn't even want to pay for my mom's medical visits. He just wants to pay off his debts and is a very cheap person. All he does is yell at us and thraten to make me and my mom homeless and does whatever he wants with his income. He even has his eyes on the tax refunds, which are in his and my mom's name. He refuses to even give a portion of the money to my mom, and wants it all in his pocket to pay his credit card debts. Can you please tell me what are me and my mom's rights in this matter and what can we do? I'm trying to convince my mom to get a divorce. The problem is that the apartment is in my dad's name, but my mom paid the down payment for it, and she's the one who cleans and takes care of it. Please help me!!! Thanks


Asked on 5/31/08, 9:13 pm

2 Answers from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: I'm in a VERY complicated situation

Your mom has a right to half of the apartment (I am assuming that he owns it like a condo or a co-op) value and he may owe her Maintainence as well as child support for you if you stay in school. You need to get her to go to a lawyer right away. Even without a divorce she is entitled to half his salary and maybe more. If he sees that she is serious about fighting him, and that she will win, maybe his "frugality" will cause him to share some as opposed to costing him a lawyer's fee and having to share more than he could negotiate with her lawyer.

Good Luck.

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Answered on 6/01/08, 3:08 am
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: I'm in a VERY complicated situation

If your parents are married, you mother is entitled to half of the house, to child support and maintanance.

She can file a claim for support even without filing for divorce.

You can contact our firm if you have any further questions.

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Answered on 6/01/08, 11:40 am


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