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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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Alimony in NY: Married 7 years, 1 child, dad has child 55%

Customer Question

Alimony in NY: Married 7 years, 1 child, dad has child 55% of the time, he's on disability, she earns 62K per year and takes the daughters $7K disability check. Is the husband entitled to alimony if he was disabled at the time of the marriage and if the disability is due to a mental issue?
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
I suggest, that alimony is based on need, as well as the ability to pay from the other party.
And that if the spouse has been on disability and dependent upon the wife for support, there would be some alimony ordered.
There are formulas that can be used for calculating Alimony
Formula 1: The court will subtract 20 percent of the supported spouse’s income from 30 percent of the paying spouse’s income.
Formula 2: The total income of both will be multiplied by 40 percent and then the supported spouse’s income will be subtracted from that amount.
The court will choose a temporary alimony award based on the lower of the one or two.
Overall, the length of the marriage will be considered, the overall emotional and physical health of each party, the ages of each spouse, the standard of living set forth, as well as the financial picture of each spouse and their individual contributions to the marriage, both financially and non-financially.
Please note that I can only answer what you ask. If you have other questions or need clarification in this regard, please let me know here.
Otherwise, I would appreciate a positive rating as that is how I get credit for my time in providing you true and correct information
Thank you

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