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NYC Spousal Support Lawyers

New York Spousal Support Lawyers

Does Every Divorce Case Include Spousal Support Orders?

Spousal Support orders (sometimes known as spousal maintenance and commonly referred to in the past as alimony) are certainly not an obligatory part of a New York divorce. The family court will take a list of factors into consideration when deciding whether, in what amount and for what length of time Spousal Support would make sense. Some of the factors include:

  • The health and age of each spouse
  • The length of time the spouses were in the marriage
  • The children in the marriage who are now going to live or have visitation in the respective homes of the ex-spouses
  • Additional living expenses for the children, including but not limited to private school tuition and costs of school supplies, uniforms, books, daycare or babysitting, and necessary medical treatment
  • The petitioning party’s capability of bringing themselves to the point of being self-supporting and, if required, any time and training needed to get them to a point of self-sufficiency.
  • The equitable distribution of community or marital estate assets

Do I Need a Spousal Support Lawyer?

A New York spousal support lawyer is needed by both the awardee and the payee in case issues arise in the case. If, for example, a court awarded spousal maintenance, but the paying spouse is neglecting payments, a lawyer can help you. If you have been ordered to pay spousal maintenance and you feel the amount needs to be adjusted or you have other questions or concerns, an attorney can provide legal expertise in your matter. A lawyer offers assistance to people seeking financial support from their spouse also.

How is Spousal Maintenance/Support Determined?

For the most part, the spouse who earns a higher paycheck would be the one ordered to give their ex-spouse a payment each month. This generally only occurs when one spouse makes a substantially higher income than the other one. A common family scenario in which this applies is when the husband works outside the home and his wife works primarily as a homemaker, caring for the children throughout the duration of the marriage. In this scenario, the wife might never have earned any substantial income. In the first few years after the divorce, she would have a hard time earning the kind of money to support the quality of life she and her children are accustomed to living. In such a case, the husband can be ordered by the family court to make a monthly Spousal Support payment.

Find Out What Factors Will Be Considered For Your Spousal Support Case

Numerous terms come into play when determining spousal support. For one thing, spousal support can be issued for years or just as temporary maintenance in the middle of a divorce proceeding. Every situation is unique, but there are some specific guidelines that the courts will lean toward.

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.

Some examples of factors a judge would consider include current and potential earning potential of each spouse, whether or not the two of you lived together before marriage and which parent has custody of the children. Once you are aware of the variables that will be picked through in your specific case, you and your New York Spousal Support attorney will be able to more strategically assemble a winning case.

Being aware these things will be helpful whether you end up coming to a resolution in court or figuring things out in settlements.

Temporary Maintenance Orders in a New York Divorce

In some divorce cases in New York, temporary maintenance might be ordered by a judge or agreed to between the spouses. Temporary maintenance is put in place to assist a spouse in a divorce case with meeting their most immediate financial requirements. The amount is calculated based on a consideration of those needs. It is coupled with a recognition of that spouse’s right to maintain the standard of living that they were accustomed to during the course of the marriage.

The New York State has established rather detailed guidelines in connection to temporary maintenance. These guidelines include a worksheet utilized in the calculation of the amount of maintenance that should be awarded on a temporary basis while divorce proceedings are in progress.

Temporary maintenance usually remains in effect until the final divorce decree is handed down in a case. In some matters, a temporary maintenance order might be altered or even eliminated in advance of the final divorce decree.

Generally speaking, in divorce proceedings, a court is required to follow the temporary maintenance guidelines established by New York legislation. That said, the court can exercise its discretion and in deviating from the state-mandated temporary maintenance guidelines as the result of the guidelines calculation proving to be unjust or inappropriate when actually applied.

Be Ready To Partner with Your New York Spousal Support Lawyer On An Ongoing Basis

Hiring the best family law firm that you can find is of critical importance since they will potentially be representing you in your matter for a long time to come. The case is not necessarily over once spousal support is granted. The other party is given the opportunity to oppose the ruling or get the numbers adjusted or removed altogether during the terms of the agreement.

It is important to always have a family law firm in your corner that is capable of helping you with these potential modifications or other situations that come into play when dealing with any family law case. Once you have become clear about the pedigree of your law firm, you can take comfort in the knowledge that you have made the right decision on who will represent you in these matters.

Take these details if you are dealing with a spousal support case. These points will come into play and it is necessary that you find a quality attorney who can be your advocate as you go through each step of the proceeding.

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