Legal Question in Family Law in New York

Seeking info

Seeking divorce basics

1- If property,assets are very minimal, is there guidelines for cost(support) of spouse and 18 yr old child with one parent earing approximately 50k per year salary.

2- If a teenage child under temporary visa is living in household at time of divorce, is she part of any divorce settlement?

3- Does ''cruel and inhuman treatment'' by spouse have ANY bearing on support obligations.

4- Spouse has NO income and cannot afford attorney or any legal fee's. Is there any obligation on the other party to

pay these costs?

5- Are all assets and DEBTS including in the arrangement of

a final settle in terms of support. Is there any average percentage of supports cost in determining future support obligations.

Sincerely yours,


Asked on 6/06/04, 12:34 pm

2 Answers from Attorneys

richard feldman richard d. feldman

Re: Seeking info

there is no formula for support of a spouse but the past standard of living is taken into account. the child is entitled to support if he or she is a student. cruel and inhuman treatment does not usually bear on settlement unless it is egregious. you can call me for free telephone consultation at 516 466 5297

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Answered on 6/06/04, 3:23 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: Seeking info

If one spouse controls all the finances they can be required to pay for the other spouse's atty. Don't understand the quest. about child on temp visa. Who's child is this? (If not fr this marriage, no support due). Cruel and Inhuman, as a rule, has no bearing on $$ distributions.

Re: the 18 yr old, if not emancipated, you should recv' 17% of income (minus certain deductions) for Child support.

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Answered on 6/06/04, 6:31 pm


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