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  1. #1
    Join Date
    Mar 2009
    Location
    upstate newyork
    Posts
    1

    Angry How to File for Spousal Support

    My question involves divorce in the State of: new york.
    i am a single mother and i really need to know how i can file for a spousal support. i am no income and i need help.

    my husband just got over $ 6,000 in taxes and he clamed me and my daughter and my daughter is not his. am i entitled to any of that money. please help!!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to File for Spousal Support

    You are separated?

    Go to a divorce lawyer and talk about whether you would qualify for spousal support. You haven't given us any facts, beyond your objection to the way your husband filed the tax return. A court will determine temporary or permanent maintenance one case-by-case basis by considering the following factors:
    (1) any income or assets of the parties including the property award;

    (2) the length of the marriage and the age and health of the parties;

    (3) the earning potential of both parties;

    (4) If and how long it would take the party seeking support to become self-supporting;

    (5) reduced or lost lifetime earning capacity;

    (6) the presence of children of the marriage in the respective homes of the parties;

    (7) the tax ramifications;

    (8) contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

    (9) any dissipation of assets;

    (10) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and

    (11) any other factor which the court shall expressly find to be just and proper.
    As we have no ability to review the tax return, and know nothing about your living arrangements during the 2008 tax year, take a copy with you to your meeting with your lawyer and discuss it with your lawyer, as well.

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