Ask Experts Questions for FREE Help !
Ask
    StartingOver46's Avatar
    StartingOver46 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Dec 10, 2011, 09:15 AM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    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's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
    		  
    #3

    Dec 20, 2011, 08:55 AM
    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
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How do I file for child abandonment and when can I file? [ 3 Answers ]

My name is portia and my little girl is 13 months old and her blood dad is up and gone, I still have the same address and number but he has not try to contact me at all about her... can my soon to be husband adopt her with out her blood dad having any say and with out us going to court

How do I file for child abandonment and when can I file? [ 15 Answers ]

My daughters father has not seen her for over a year and he just left without telling me he was leaving. I do have a child support order and I have full custody of her. Im just afraid that he will try to take her away from me later in life and I don't want her to go through that because Im with a...

Can I file for abandonment? [ 3 Answers ]

We live in Florida. My son is now 4 yrs old. For the first 2 and a half yrs his biological father was in and out of his life. Reason being is because he was using drugs, and I restricted his father from picking him up. But I would take him to him, even on holidays. He had gone to "rehab" out of...

When and how do I file for abandonment [ 2 Answers ]

My son is almost three and his father has visitation but hasn't seen him in over 9 months. I heard that after a certain amount of time you can file for abandonment against the other parent. When can I file and how do I go about filing?

View more questions Search