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NYC Alimony and Maintenance Lawyers

Divorce can be a painful process for both partners. When money gets pulled into the mix, things can get even more complicated. Although the legal process can be challenging to navigate, having an experienced New York City alimony attorney can help simplify the process. For example, many people are unaware that the terms alimony, spousal support and maintenance all mean the same thing in New York. The fact is, money cannot always be equally divided in a marriage. During a divorce, the spouse making less money may need monetary support from the other to maintain their standard of living. This is especially true if one partner did not work outside of the home during the marriage.

Maintenance Support

Maintenance or spousal support is designed to help a spouse that is unable to adequately support her- or himself during the transitional period of a divorce. As family dynamics have shifted in recent decades, courts have become more reluctant to order alimony payments. This can sometimes make it more difficult for spouses who have devoted their time to playing a supporting role in a marriage to get the financial support they deserve.

There are many different factors used to determine spousal support. Having a knowledgeable attorney in your corner can help ensure that your needs are properly represented in court. The legal team at Spodek Law Group has been handling spousal support cases just like yours for more than four decades. They have a thorough understanding of the nuances of New York family law and can help ensure that your interests are protected.

Calculating Child Support in New York City

In 2010, the state of New York revised many of its divorce laws. Among these revisions was new guidance on rules concerning temporary spousal support. The period during which temporary maintenance or support can be received is limited to the amount of time it takes to finalize divorce proceedings. The goal of temporary support is to ensure that the spouse with less income is able to work towards regaining their financial footing while the divorce proceedings are underway.

Spousal support is only awarded when the requestor’s income is less than 2/3 of their spouse’s income. Although there are two different formulas used to determine the amount of spousal support to be paid, the overall goal is to reduce the income gap between spouses.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Once the divorce has been finalized, there is a chance that the spouse with less income will continue to receive maintenance payments. In those cases, a judge will establish an end date for the payments. Some cases may necessitate spousal support payments until a spouse remarries or dies.

Unlike the calculation of temporary spousal support during the divorce process, long-term maintenance support payments are not calculated using a formula. Prior to establishing the amount of maintenance payments, a judge will consider the following:

  • Length of the marriage.
  • Each spouse’s ability to work based on factors like age and physical conditions.
  • Amount of income contributed by each spouse prior to the divorce.
  • Other financial resources including property and assets.
  • Total income of each individual spouse.

Why Hire a New York City Alimony Attorney?

Spousal support decisions can be complicated. Whether you are seeking alimony or have been ordered to pay it, you need a lawyer that specializes in handling alimony cases. At Spodek Law group, we have seen it all. We understand that spousal support may not be awarded in all cases and can advocate on your behalf for a payment amount and length of time that work for you. With our highly skilled team working on your alimony case, you can focus your energy on getting your life back on track.

If you have been ordered to pay spousal support, we can advocate on your behalf to make sure the support payments are reasonable and do not create a financial hardship. We fight tirelessly for our clients and are committed to their satisfaction.

In the event that you end your marriage, an attorney can go to court with you to seek alimony from your former spouse. Unfortunately, there aren’t a lot of regulations in place in New York City surrounding alimony or maintenance after a marriage dissolves, which is why it’s best to hire an attorney who can offer assistance. The end result in an alimony case is often left to the discretion of the judge after receiving information presented by both parties. If there is no indication that alimony is needed or that the marriage dissolved because of a decision by both parties, then a judge might not order any kind of payments by one spouse to the other.

Alimony is a payment that is made to the party who is financially dependant on the other party. In most situations, the husband makes the support payment to the wife along with any child support payment if children are in the relationship as well. The goal of alimony is to ensure that the receiving spouse is financially stable for the time during the divorce and after the proceedings. After enough evidence has been established to indicate that alimony payments can be awarded, then the judge will work to determine the amount that is to be received by the spouse. There are forms that are often used to help with determining the exact amount. The judge will determine how long the alimony payments will be received. An option is awarding the amount in a lump sum while other options include temporary payments and those that are made periodically.

One of the first things that the judge will have to do is determine which spouse will receive the alimony payment. Alimony is usually established if there is a large gap in income amounts or if one spouse relies solely on the finances of the other while going to school or taking care of the family. If the wife makes more money, then the husband would receive the alimony payment, which is why men and women can receive payments instead of alimony only being awarded to women. The purpose of alimony is to ensure that the spouse can maintain the same way of life during the divorce process and shortly after the divorce is finalized. In most situations, the spouse receiving alimony payments will secure a job to have income and not rely on alimony payments.

A net income amount is determined by the court. All gross income is included in order to get the net income. There are statutes set forth by New York City laws that detail formulas to use when determining the alimony amount. This allows the court to come to a fair amount for the payor and the payee. After the amount is determined, the court will work to come up with a length of time for how long the alimony will be paid. There are a few elements that are taken into consideration when the length of time is established, such as whether there are children in the relationship, whether the spouse is physically or mentally able to seek employment, how long the couple was married, and other issues that the court might see in the relationship that aren’t presented by the couple or by the attorney for either side.

After alimony payments are awarded to the injured spouse, there are a few situations that could arise that would lead to the immediate end to the payments. One of these situations is the death of either the payor or the payee. If the payee gets married again or begins working and is able to be self-sufficient, then the payments would cease. If the payments stop for no clear reason or there is a backlog of payments, then an attorney can work to establish the payments once again and to ensure that the payee continues to receive alimony until a valid reason for termination is filed.

For an individual that finds him or herself in a situation where divorce is imminent, it is important to understand what to expect from the proceeding. One of the most controversial topics, because there is not a lot of statutory guidance on the topic and often the result is left to the court’s discretion, is spousal maintenance, otherwise known as alimony.

The purpose of an alimony or maintenance award is to help the receiving spouse become financially independent both during and after a divorce. Once a case for alimony has been established, the courts will then decide the amount to be awarded and its duration.There are several areas the courts will consider in this decision including who the payor will be, as well as what type of alimony it will be (i.e. temporary, periodic or lump sum).

First, the courts must determine which spouse, if any, will be obligated to pay support. Support is often awarded when there is a large gap in earned income, with the higher-earning spouse being required to pay alimony or maintenance (designed to ensure the lower-income earner is able to ‘maintain’ the same standard of living he or she became accustomed to during the marriage).

When determining the individual’s ability to pay spousal support and the amount to be awarded, the court will come up with a figure for net income. This usually involves calculating gross income from all sources including wages, public benefits, interest and dividends on investments,property rentals, and any other sources of income, less any mandatory deductions such as income taxes, Social Security, and health care. The result is the payor’s net income. The court will then use a formula, outlined in New York State Maintenance Statutes (Domestic Relations Law 236; Part B: Subsection 5-a) to come up with a figure for the maintenance award.

Second, once the court has determined who the payor is and the amount of maintenance to be awarded, it must decide on the duration of time the recipient is to be paid alimony or maintenance. Maintenance can be awarded for a temporary period of time, long-term, or in periodic or lump sum payments. Some of the factors the court considers in its determinations are 1.) whether the couple has children and the amount of child support to be paid (in some situations, the court may determine it would be too much of a financial burden for the payor to have to pay both child and spousal support and will elect to forego the alimony obligation), 2.) the ability of the recipient to earn or become self-supporting, 3.)length of the marriage, and 4.) any other factor the court finds to be just and proper. Again, the details of these parameters can be found in New York State Maintenance Statutes (Domestic Relations Law 236).

Additionally, there are specific situations in which the maintenance award will end automatically including the death of either party, the remarriage of the receiving party, a date specified in an agreement between the parties, or a date determined by the court. The court may also decide to deem the alimony either modifiable (under certain conditions) or non-modifiable (cannot be changed once established).

In conclusion, there are a multitude of factors and circumstances that go into determining the amount and duration of an alimony award and whether it is even awarded at all. Ultimately the fate of the parties is in the hands of the court, which makes it extremely important for a divorcing individual to know his or her rights. This often involves hiring appropriate legal counsel. There are many firms that will offer a free consultation, which, based on the life-changing importance of the court’s decision, every individual in this situation should utilize.

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