Legal Question in Family Law in New York

My husband moved out of the household in December 2012 and has not contributed anything towards the finances of the household. He has cleaned out the bank accounts of over 7000.00 and has not worked a real job in over 2 years. I have been financially maintaining the household and living in the house with my two minor children. He has been cheating and has moved in with his girlfriend. What are my rights as for the house and my children? Can I get him on abandonment? He still has his mail delivered here.

Asked on 5/03/13, 6:06 am

1 Answer from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

New York now has no fault divorce and it is not necessary to prove abandonment. You are entitled to child support. As far as the house is concerned, there are several questions that must be answered, such as how the house is currently titled, how the down payment was paid for, have their been any major improvements, has the house ever been refinanced, and how much of the principal has paid down by you since he left. You should consult with an attorney further as to your rights.

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Answered on 5/03/13, 8:46 am

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