Jack123
recently joined
Reged: 11/06/09
Posts: 16
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Hello. I live in NY, have been married for 3 years and am currently working out a separation agreement. We have a 17 month old child and she will have physical custody. She is currently under my medical insurance. There are some things that her lawyer wants and i was just wondering if they are legal or the norm. I have an appt with my lawyer later in the week and just wanted to know what to expect.
1. Paying for college. Am i solely responsible or do we share that responsibility? her lawyer wants me to cont to pay child support till child is 22 if child is in college. Is that the norm (in NY child support ceases at 21)
2. At the time of divocrce the husband shall maintain the wife under cobra for 18 months.
3. In case of uncontested divorce, wife is asking for lawyer fees up to $5000
4. Fathers child support obligation shall increase proportionate to his increase in income, be subject to cost of living increases and the agreement must specify a mechanism for wife to be notified regarding increases in husbands income such as an annual exchange of tax returns.
(I currently make 55k, but will make 250-300k in 3 yrs. does this mean that they are asking for 17% of the total income without going through the court to ask for a modification? Is that even legal?)
thank you
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Robert_Nowak
journeyman
Reged: 06/04/05
Posts: 54
Loc: Glen Head, NY
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The parties usually share college expenses in proportion to each of the parties income. It is a little premature to provide for college and no court would impose that obligation at this time.
COBRA is expensive and it is 36 months not 18 months.
The legal fee appears to be high for an uncontested divorce divorce. However, I am not aware of prior proceedings.
There is no way I would ever agree to Number 4. You would be agreeing to a modification with knowing what the financial circumstanes of each party is.
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Robert E. Nowak, Esq.
107 Northern Bvd.
Great Neck, NY 11021
516/487-8200
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preemiemom
Carpal \'Tunnel
Reged: 01/17/07
Posts: 19391
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Quote:
The parties usually share college expenses in proportion to each of the parties income. It is a little premature to provide for college and no court would impose that obligation at this time.
------------->> True, but you'd want to have language in there that states that, although you are not addressing it AT THIS TIME, that does NOT constitute a waiver, on EITHER party's part to pursue college education costs, from the other party, at a future date.
COBRA is expensive and it is 36 months not 18 months.
-------------->> Extremely. When did this 36 months go into law? I've never heard of anything more than 18 months.
The legal fee appears to be high for an uncontested divorce divorce. However, I am not aware of prior proceedings.
--------------->> I disagree. Uncontested in NY, NO CHILDREN, sat in the lawyer's office ONE time and signed everything. Written up, done, filed, signed off by the judge and filed in the clerk's office, within 4 months. A little over $5,000. THe filing fees alone are pretty expensive nowadays. A cheap one hour consult is $250. If the "lawyer" is drawing up all the docs? Can get pretty pricey.
There is no way I would ever agree to Number 4. You would be agreeing to a modification with knowing what the financial circumstanes of each party is.
--------------> I told him this a week ago. It's insane to pre-agree to income that may, or may not, happen. What happens if he has a stroke or something and can't work? Gets in a car accident? ANY number of things can happen. There's no "guarantee" of income AND while he may MAKE that income? He will also have major student loans (presumably) to pay back, as well as, carrying malpractice insurance, etc. Totally insane to even contemplate that sort of wording. Let her take her chances in court with a mod at a later date. Or, if you wanna be nice guy, you can agree to an increase later, if your income increases.
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Jack123
recently joined
Reged: 11/06/09
Posts: 16
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Good to know. So you are saying that in a court of law they would make me pay 18-36 months of her cobra insurance even though our salaries are the same? And why am i held responsible for HER lawyer fees? Seems like a mugging. At least i dont have to pay 100% for college.
Also, when actually getting an uncontested divorce, do we both need a lawyer if we already have a sep agreement?
thanks
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pokey
Pooh-Bah
Reged: 07/16/09
Posts: 1786
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I just went through no contest divorce. She came in and said that the judge wouldn't give JC because of her age. I told her that we needed to go tot court then. She wanted me to p[ay her lawyer, so I said lets got to court then. She decided to pay her on lawyer. He was going to charge me $1,500 but since she was going to pay it only cost $189. If she want's the divorce then I would just back her down until you get what you want out of it. She shouldn't get to file for divorce and get all the money from you and the kids. All I could say to you is fight for what YOU want. If you want JC of your kids then NOW is the time to fight for it. Don't sign anything that holds you to the future.
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I have to go to work. Too many people on welfare depend on me.
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