Family Law

Family law questions? Ask a family lawyer online.

Ask a Lawyer,
Get an Answer ASAP!

I have tried to research this question as I am going through…

Customer Question
Hello! I have tried...

Hello! I have tried to research this question as I am going through mediation for divorce. I have 2 teenage children, 18 and 16. Trying to work out a settlement amicably however 2 sticking points. If the mother makes more than the father and the mother will be the custodial parent and will live in the house. My husband is complaining about paying child support for my teenagers. I should pay 60% of the support and he 40%. Is the 25% capped at using 150,00 total? Or do we use our actual combined income to compute the 25% and then the split? #2: Can he force me to sell the house or buy him out? Can we agree to stay in house for XX years (kids in college) and then he gets a portion?

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No. meeting with a mediator this week. gathered all pertinent statements, etc. for them and completed a monthly budget.

Lawyer's Assistant: Family law varies by state. What state are you in?

New York

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is it. Those are the major sticking points.

Submitted: 1 month ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 5 minutes by:
3/20/2018
Family Lawyer: Sean K, Family Law Attorney replied 1 month ago
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

Give me a few minutes to look over your information and I will have some thoughts and an overview for you.

Ask Your Own Family Law Question
Family Lawyer: Sean K, Family Law Attorney replied 1 month ago

So on the child support, the approach would be to use your income and his to get a total amount of income. Of that amount since there are 2 children, the support amount would be .25 (25 percent) of that amount. You would then look at your individual income percentages of the total. If, from your example you have 60% and he 40%, them you take the .25 of the total income and multiple it by .40 (40 percent) and that would be his obligation. As far as his not wanting to pay support for teenage children - until the children are viewed as emancipated in the eyes of the court and are still covered by the requirements of child support, he doesn't really get a choice.

Now, as to the house, at mediation, he cannot force you to do anything.

Mediation is a process where a non-judicial individual assists parties in reaching an agreement. The mediator cannot "make" anyone do anything.

In the plain court approach, the options are you buy him out, he buy you out or sell the house and divide the proceeds in some fashion. However, at mediation you can trade equity, you can delay equity or even some other option. It is completely possible and happens all of the time that people will agree to remain in a house for X number of years then sell the house and use a pre-established formula to divide equity.

The beauty of mediation is that you can discuss all types of options and the discussions, if not successful in settling the case, cannot be used in Court. As well, you can also do things a Court would not do. Just because you agreed on something different, that does not mean a Court would not accept it.

While mediation is not 100% successful as the mediator cannot compel any action, successful mediators settle the vast majority of their cases and are skilled at assisting parties in settlement.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Sean K Your Own Question
Sean K
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 429
429 Satisfied Customers
Experience: Family Law Attorney in Private Law Firm

Sean K is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
Child Support modification assistance. The divorce was in
The divorce was in Florida, but My ex-wife and son moved to AZ, and I now live in WV. I am unemployed, but retired from the military. The Child support was based on my income when I was employed and hasn't been adjusted. … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
At a mediation can the mother as she is under the influence
At a mediation can the mother as she is under the influence be able to sign the mediated settlement agreement and it be honored in a pre-trial … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Missouri Family law: 1. What grounds can divorce be
Hello, Missouri Family law: 1. What grounds can divorce be requested? 2. what is the default custody arrangement usually? 3. What is the default support arrangement?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
In my divorce papers it says that child support is supposed
In my divorce papers it says that child support is supposed to stop when the child turns 18 but if she goes to college does it still have to be paid?… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
If we work with a mediator to create a child support
If we work with a mediator to create a child support agreement, is the agreement filed in the court system? We are not married and live in New York. … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
My final divorce order states my child support and that I
My final divorce order states my child support and that I will pay until my child reaches 18 or graduates. My ex wife requested a modification in the support only, when I received the final order it n… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
Questions about motion for child support modification.
questions about motion for child support modification … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
I have a family law question about the judge in my divorce
I have a family law question about the judge in my divorce case in alaska … read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
77 satisfied customers
I have some back child support that the mother of my son
I have some back child support that the mother of my son wants to have erased.... can she do that? Also, she also wants to take me off child support?? Is that possible? If so, what do I need to do to … read more
Sean K
Sean K
Family Law Attorney
429 satisfied customers
Can a divorce stipulate that no child support is to be
Can a divorce stipulate that no child support is to be ordered, parents are agreeing on having children 50/50 meaning 1 week with mom 1 week with Dad. Parents have decided that no one will pay child s… read more
Sean K
Sean K
Family Law Attorney
429 satisfied customers
I am divorced alimony and child support 1 child was included
I am divorced alimony and child support 1 child was included in the agreement i am self employed several months ago my biz had gone down in money the case is up for review in May after 3 years of me p… read more
RobertJDFL
RobertJDFL
Lawyer
Juris Doctorate
2,787 satisfied customers
My son was divorced in Tennessee. Child support was setup.
My son was divorced in Tennessee. Child support was setup. He now lives in Michigan and his exwife and daughter live in Texas. He has taken a job that doesn't pay as well as his Tennessee job. Can a M… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers
I pay child support in Texas. My divorce decree states "If a
I pay child support in Texas. My divorce decree states "If a child is eighteen years of age and has not graduated from high school" that I pay child support. Also, "If a child is eighteen years of age… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,820 satisfied customers
California divorce done through mediation in late 2015.
California divorce done through mediation in late 2015. FL-180 specifies that an FL-191 (child support case registry form) must be filed but the person in charge of filing documents never did - and we… read more
socrateaser
socrateaser
1,031 satisfied customers
The mother and I agreed on child support amount of 300.00 11
The mother and I agreed on child support amount of 300.00 11 year ago .I have increased it 400,00 on my own 5 years ago . I make 43,656.00 gross a year .DHHR has taken the mothers medical card because… read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
If you are in a divorce mediation at the courthouse with
If you are in a divorce mediation at the courthouse with your lawyer and the other party is representing via telephone due to being in another state. How do you know if no one else was conferenced or … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers
We have a family law, child support question. North
No. We currently have a child custody agreement but it is dated and incomes have drastically changed … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Looking for some family law child support counsel.
Hello. Looking for some family law child support counsel … read more
Ray
Ray
Lawyer
Doctoral Degree
32,095 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x