Q: Does my husband's lack of financial contribution and refusal to mediate qualify as financial abandonment during our divorce in NY?
My husband and I were married for 15 years and have four children. I expressed my wish for a divorce almost two years ago, but due to financial constraints, I delayed filing until January 2024, when he was served. On my lawyer's advice, I separated our bank accounts and began paying household expenses solely from my income, including the mortgage, electric bill, phone bills for the children, myself, and him, as well as groceries, while he contributed nothing. After he moved out in September, I also purchased items for his new place but continued to handle most financial responsibilities alone. Despite sharing custody of the children weekly, he provides minimal engagement at his residence, focusing primarily on sports for the older children, and has only electronic devices, lacking toys for the younger ones.
We are still finalizing divorce documents as he refuses mediation, which further delays the process. Additionally, he continues to challenge every financial aspect of the requests through the divorce procedure to delay progress. I have documented requests through audio recordings for him to share expenses, such as tax obligations and our daughter's college class bill. He verbally agreed to share costs but failed to contribute, leaving me to cover additional expenses. He openly stated he would only calculate what he deemed worth giving, essentially doing nothing for 9 months. Given this context, does this situation qualify as financial abandonment?
A: Financial abandonment is a claim that does not exist in New York. A parent can engage with his children or can be aloof from his children. Government cannot force someone to be a better parent. A litigant is free to refuse mediation as mediation is not mandatory in New York. The asker can document anything she wants, but the other parent is free to settle for nothing and proceed to trial on all issues.
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