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-   -   Should I file for abandonment after a year? (https://www.askmehelpdesk.com/showthread.php?t=618500)

  • Dec 10, 2011, 09:15 AM
    StartingOver46
    Should I file for abandonment after a year?
    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?
  • Dec 10, 2011, 10:14 AM
    ScottGem
    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
  • Dec 20, 2011, 08:55 AM
    JudyKayTee
    Follow your own advice and retain a Family Law Attorney - https://www.askmehelpdesk.com/family...me-620023.html.

    Abandonment may be grounds for your divorce. NY Law on child support is here: New York City Family Court
  • Dec 20, 2011, 11:50 AM
    Fr_Chuck
    But support is based on his earnings, not his mothers. So if he has little income, the child support will be little if any.

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