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#771446 - 02/12/16 07:48 PM Spousal Support
chrissyq70 Offline

recently joined

Registered: 02/12/16
Posts: 1
My soon to be ex husband and I married on 4/27/2012 in North Carolina. He didn't move down to NC until 5/25/2013 and left the home on 10/6/2014. He was an alcoholic who was verbally abusive to me. He worked but always off the books so there is no record of his income. I recently received papers for NY regarding spousal support for him. I have 4 kids from a different relationship and only make $33k a year. What are the chances of him getting spousal support? I didn't think that he could file for anything up there since we weren't married in NY, the marital residence was never in NY, etc. Thanks for your help :)!

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#771447 - 02/12/16 11:08 PM Re: Spousal Support [Re: chrissyq70]
TJMH Online   content

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Registered: 07/17/15
Posts: 347
If his current residence is NY I think he can file there.

As part of the divorce process both of you will probably be required to file financial disclosures including assets, income and expenses. If you think he's going to claim no income you should be looking at collecting any evidence you can to assert that his disclosure is incorrect. Bank deposit records or anything like that will probably help.

Even if he really does have no job and no income, most courts would "impute" at least a minimum wage to him. If he's got some kind of employable skills they'll look at the market for those skills and might impute a higher income (for example, if he has experience installing drywall AND the prevailing wage for drywallers in his area is $XX AND there appear to be drywalling jobs available in his area that he could compete for, then the court will say that any spousal support claim SHOULD be based on his ability to earn $XX, and his choice not to earn at least that is his problem.

It sounds like the best thing for both of you is to just make a clean split and get this done as quickly and cheaply as possible. Hope you can make it work out.

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