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My husband filed for divorce on May 8, 2017. He had

abandoned the home in August...
My husband filed for divorce on May 8, 2017. He had abandoned the home in August of 2016. I have paid the mortgage on my own since August of 2016. We have 2 kids together. He wants half the equity on the home. is he entitled to that even though he has not paid?
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Answered in 6 minutes by:
10/22/2017
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
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Customer reply replied 4 months ago
Let me elaborate. We bought the home in September of 2014 for 314000 and still owe 294000. He has not paid anything for 13+ months
Customer reply replied 4 months ago
He paid child support from august 2016 when he left until May 2017 when he filed for divorce stating "there is nothing in writing therefore I do not owe"

Good evening,

NY is an equitable distribution state, which means that any assets acquired during the marriage are subject to distribution in a fair, although not necessarily equal, manner.

While his moving out and not paying anything on the mortgage doesn't therefore negate his right to equitable distribution, his share should be limited until up to August 2016, when he abandoned the property and stopped putting marital funds into it.

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As far as child support:

If there is no Order that mandates payment of support, a person is not required to make child support payments. During this phase, there is no legal obligation to pay support. If support is later sought, it can be collected retroactively but only so far back as the date that the Petition has been served.

As a practical matter, my professional opinion is that judges like to see a parent who is paying support during separation even if not court ordered, because it shows them to be responsible and are doing the right thing when it comes to the children.

RobertJDFL
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Customer reply replied 4 months ago
My lawyer said that as soon as he filed for divorce, May 8, 2017, there is an unwritten order for child support and he is now in arrears. is this not true?
Customer reply replied 4 months ago
In his divorce action it did state,"Awarding child support pursuant to the child support standards act"

I think your attorney and I are saying the same thing, just differently. It's not an official order, but the court can award support retroactively to the date of the filing.

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Customer reply replied 4 months ago
Sorry for all of the questions but how does one determine what the home was worth over a year ago, to provide an "equitable distribution of the proceeds?

The equity in the home is the value of the home minus what you owe on it. For example, if you owe $250,000 but the home is worth $300,000, there is $50,000 in equity. Although I doubt there's much difference between August 2016 when he moved out and now, you may want to get an appraisal for both dates.

I would then argue that you should get a larger share of other assets if not more of the equity in the home given that he stopped paying on it in August.

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