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View Full Version : Should I file for abandonment after a year?


StartingOver46
Dec 10, 2011, 09:15 AM
After 23 plus years of marriage, he left when I said I didn't want this marriage to continue. He quit his job claiming emotional issues and now collects disability and maybe social security I think. He did this as not to have to give me spousal support and child support. My youngest is 19 now and I believe entitled to child support as in college full time out of state. Will I be able to get spousal & child support even though he is not working? He is living with his mother who is well off and she has been paying my rent for the past year but will discontinue it in January. He refuses to talk to me and now I'm forced to move by year's end. We have no assets between us only debts and pension issues. What are my options in NY?

ScottGem
Dec 10, 2011, 10:14 AM
No you don't file for abandonment, you file for divorce. You may use abandonment as grounds for divorce, but you don't file for it.

NY allows child support until age 21. But, if he has no income, he may escape support

JudyKayTee
Dec 20, 2011, 08:55 AM
Follow your own advice and retain a Family Law Attorney - https://www.askmehelpdesk.com/family-law/do-have-pay-child-support-even-if-child-working-full-time-620023.html.

Abandonment may be grounds for your divorce. NY Law on child support is here: New York City Family Court (http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml#su1)

Fr_Chuck
Dec 20, 2011, 11:50 AM
But support is based on his earnings, not his mothers. So if he has little income, the child support will be little if any.