Bath, NY Divorce Law Firms & Lawyers

I assume you have custody and your ex has visitation and pays child support, since you mention your kids no longer "visit" him. If your ex pays support, he gets a tax deduction. If he pays no support and doesn't see the kids, claim them both and let him fight you. The IRS doesn't care- whomever claims the deduction first gets it. 

The question isn't the value of the RN, but the enhanced earnings capacity it generates. To calculate one looks at what the individual was doing before becoming an RN, what the salary was, and compares it to the earnings as an RN. A professional evaluation is usually necessary if this is to be a litigated point.

In New York, abandonment is a ground for a divorce provided that you have been absent from the residence for a period of one year.  Should there be a "lockout" from the residence, then your time outside the residence would not accrue. Generally, when someone leaves the marital residence and begins to reside elsewhere, the spouse who remained in the marital residence will be successful if they petition the Court for exclusive use and occupancy of the residence.  Without any pending divorce action or family court proceeding or criminal proceeding in which there is an order of protection or order of exclusive use and occupancy of the marital residence, you may be successful in returning to the marital residence at the present time. Before you undertake any actions to return to the residence to reside, you should consult with an experienced matrimonial attorney in your area. - Alfred Polizzotto, III