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Joined: Jul 1999
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If you check Quakermom is in NY. She is seeing lawyer on WED. She is looking for advice about what she should ask Lawyer concerning support etc. Anyone out there have any personal knowledge? <P>I also thought NY was one those states that it was a long lengthy process getting a divorce. That could work in Quakermom's favor if she wants to save her marriage, at least as long as she is staying positive. <BR> Input anyone? TG

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NY's maximum is 17% for a single child per mom, plus inclusion on a medical plan and a percentage of co-payments and out of pocket medical fees, plus 1/2 of babysitting/daycare fees, and possibly a life insurance policy in which the OC is the benificiary. The H's other minor children (21 and under in NY) are taken into account prior to the award, but the amount is not written in stone. If Quakermom makes a decent salary, they might consider that she will be able to share in her own children's expenses to a greater extent and not deduct enough before OC gets the award. Now if she and her H were to separate and she were to file for child support for her children prior to the birth of OC, her money would come off of the top of H's salary. In NY, the first one to court wins. <P>Joint assets cannot be seized, from what I've been told, in the event of untimely death of H, as they revert to ownership of the wife. Only assets in H's name are up for grabs, and she can be made to sell them and divide the proceeds equally between herself, her children, and OC. As for existing life insurance policies, only the benificiaries listed on the have a claim.<P>Assets are also up for grabs in the event of non-paymentof support, but I believe other methods such as going after tax refunds and such are exhausted first. <P>Catnip, did I forget anything?<BR>

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You nailed it, Polly. since you are so informed on NY CS law, would you happen to have any insight into the alienation of affection law, if there is one? My attorney said he didn't 'think' there was one on the books...he suggested I sue her in Texas where she got knocked up. <P>Catnip =^^=

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No alienation of affection law here, Catnip. I spoke with my lawyer who told me in so many words my that I would get my butt laughed out of court if I tried to sue on other grounds, such as emotional distress, malicious intent, etc. I somehow think that if society did not inherently blame the WS for affairs, much in the way they don't blame the "innocent" OC, the laws might read differently. <P>Sue her in the 'Lone Star State' Catnip, if you can. Maybe you could recoup some of the $$ lost to this sorry escapade.


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