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本文內容已被 [ 檸檬椰子汁 ] 在 2019-06-05 05:47:56 編輯過。如有問題,請報告版主或論壇管理刪除.
回答: 求租法壇離婚forjoy2019-06-05 04:02:03

1) 要離婚的話,這個私人賬戶上的錢要作為共同財產分嗎,我們在紐約州,他搬走和別人住我自己帶著孩子已經幾年了。

All income obtained during marriage, and before sepration, will be divided, regardless which account it is in.  Only exception is gift and inheritance to one spouse, if kept in separate account, is not divisible. 

The sepration means legal sepration, such as one formally filed in court.  If he just moves away a few years ago without any legal paper work, his income is still marriage income and he has to divide his asset accumulated during that time. 

2)有沒有什麽辦法在申訴離婚前轉走私人賬戶錢,因為他恐怕已經轉走了他的,我的一輩子都給毀了,如果自己省吃簡用攢下的錢再被他分了,我就真的欲哭無淚了

It is in your individual account, so there is no need to transfer to another "secret" account.  During divorce all asset has to be disclosed to the court, if he hide asset, at least you can ask for his account history to show he used to have $XXX, and that he hide it. 

3)我一直想和他協議離婚因為知道請律師要花很多,他一直沒說話,我現在也拿不到撫養費,想通過family court 或者child support collection service先拿到撫養費,這樣做有沒有什麽問題。

You are here asking legal questions, so apparently you need legal help.  One cost effective way is both of you go to a lawyer for mediation, he/she will inform each of you your rights and responsibilities, and you reach a settlement with the lawyer's help.  Secondly, even when both of you have your own lawyers, your lawyers can help you reach a settlement instead of contested divorce, which is the most expensive. 

4)看到孩子撫養費大體是有公式計算的,一個17%,兩個25%, 三個。。。這個計算的時候是用對方pay check收入直接算,還是雙方現有財產也要考慮。  

I am not sure about numbers, but usually child support is based on income.  The asset division is between husband and wife, it is what they ought to have.  I won't say asset has nothing to do with child support, such as one spouse having rich inheritance and doesn't work, while the other works for a living.  But for a "typical" couple, the child support is mainly based on income. 

 

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Child Support Services -檸檬椰子汁- 給 檸檬椰子汁 發送悄悄話 檸檬椰子汁 的博客首頁 (276 bytes) () 06/05/2019 postreply 06:00:20

謝謝檸檬椰子汁的詳細回答,還有要問的是這婚姻出軌欺騙的這方在財產分配上就沒有任何penalty? -forjoy- 給 forjoy 發送悄悄話 (0 bytes) () 06/05/2019 postreply 19:22:26

Nope -檸檬椰子汁- 給 檸檬椰子汁 發送悄悄話 檸檬椰子汁 的博客首頁 (2500 bytes) () 06/05/2019 postreply 19:32:19

財產 -forjoy- 給 forjoy 發送悄悄話 (600 bytes) () 06/07/2019 postreply 06:27:03

at least get his IRS tax return records. -hello2002- 給 hello2002 發送悄悄話 (98 bytes) () 06/07/2019 postreply 08:57:06

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