Wife Residing In Georgia Denied A Spousal Maintenance And Child Support

child support attorneysA Georgia woman filed a divorce proceeding in New York. She requested custody of the parties’ children, spousal maintenance, exclusive use and occupancy of her Georgia home, child support and she that her husband pay additional expenses related to the marriage. Justice Pam Jackman Brown, a Supreme Court Judge, sitting in Queens County, New York, in her decision stated the wife lived in Georgia with the children of the marriage and she sought to apply New York law on the issues concerning child support. The only nexus with the State of New York was the husband’s residency in New York.

 Wife’s Financial Request Was Unreasonable

The parties’ daughter was born in 1994. She was already 18 years of age at the time the proceeding was brought. Therefore, the Court ruled child custody was a moot issue and need not be decided. Although the Court found the husband was the moneyed spouse and the wife was seeking $43,000 under the New York Temporary Maintenance statute, the Court did not grant her request. Justice Brown adjusted the maintenance award. She found that the $43,000 requested by the wife was unjust and inappropriate since the husband was making mortgage payments without any contribution from the wife.

The Court also found the wife had sufficient assets on her own to meet all of her monthly expenses. The court also denied the wife’s applications for temporary child support. Justice Brown found under the circumstances in this case it would be unjust and inappropriate.

Child Support Payable In New York Until Children Are 21

Child support payments in the State of New York must be made by the nonresidential custodial parent to the residential custodial parent until the children are either emancipated after age 18 or reach age 21. In some states, child support is not required to be paid until 21 years of age. These states only require a parent to pay child support until the child is 18 years of age.


assistance for fathersIn this case, the greedy wife was unsuccessful in getting money she wasn’t entitled to.

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 45 years representing individuals in matrimonial and family law cases.