What will I likely get for support, legal fees award?

7 views 8 answers
My soon-to-be ex makes about 750K and I make about 10% of his. We have a house, car, retirement accounts, life insurance csv, etc. totaling about $2 mil assets net of debt for equitable distribution. What amount will I likely get for child support, spousal support? What percentage will I likely get for legal fees award? What percentage will I likely be responsible for add-ons?

Attorney Answers

8
Howard Schwartz ·
There are many issues to be discussed and multiple factors to be considered. It might be worthwhile consulting with a matrimonial attorney to discuss options. Good luck.
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Glenn Johnston ·
The answer is that it depends. Don't start counting money yet. Speak to your attorney, and if you don't have one, get one. With that much money at stake, it isn't worth going it alone and possibly screwing it up.
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Sandra Prowley ·
How many children do you have, If you have one child its 17% of his gross income. As far as for spousal support i need more information. You need to retain assistance of counsel immediately.
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Miriam Zakarin ·
You need to consult with an attorney who is familiar with high networth cases.
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Peter Lomtevas ·
We really cannot triage your case here online on the fact that hubby earns $750,000 annually. You'll need to show much more information in person to a divorce attorney. There is also the possibility that he'll retain a sleaze bag lawyer who will run you around the courtroom with bulls*t and side shows. Don't do the case yourself!
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Darius Marzec ·
The good news is that you seem well-positioned to advance natural litigation goals in this case. Equitable distribution is clearly about getting a share that's fair. This is not necessarily 50% of the marital assets. It could be more, or less. There are many factors that go into the calculus. See DRL 236 to address this. Child support is calculated as a percentage of income, up to a certain cap. The cap for the percentage of income calculation (say 17% for first child) is $141,000 of combined parental income. The Court will determine appropriate child support for income above the cap income. Also, DRL 240 requires certain adds to be included in the additional child support ordered, such as unreimbursed medical expenses, child care, etc. The additional child support is generally but not always equivalent to the relative income of the parties. So if you earn 10%, you pay 10%. This of course is fair. With regard to legal fees, you need to look at the totality of circumstances. We start with the actual amount of attorneys' fees incurred and your ability to pay. We also look at the ability of the other party to pay a fee award. So it's not a matter of percentage. On a case like this, I strongly recommend you retain counsel to guide you through this interesting and valuable case.
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David Bliven ·
Assuming his income is easy to document, you should receive both child support & spousal support. On an interim basis, the Court may generally award you up to about $12,000/month in maintenance (http://www.courts.state.ny.us/divorce/calculator.pdf) and another $7,600/month in child support (assuming 1 child) - [http://www1.nyc.gov/site/hra/help/child-support-calculator.page]. You would also likely get between $10,000-25,000 as an interim award of counsel fees. Of course, this is a rough approximation & any definitive opinion can only be rendered after a full assessment. As such, call a NYC Divorce attorney to schedule a consult.
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Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
Based upon the information you've included above, which obviously does not include your spouse's side of the story, and depending your age, the length of the marriage, how many children you have together and their needs and many other factors, you may initially expect your spouse to be required to pay your attorney's fees, child support and spousal support. The combined amount for spousal/child support could be anywhere from a few thousand per month to over 20k/mo. It really isn't possible to give you a fair assessment with only a handful of facts available. I strongly suggest you take the time to meet with an attorney asap to discuss your situation in detail and plan. Good luck!
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