Last Updated on: 28th July 2023, 07:15 pm

New York Spousal Support Lawyers

Does Every Divorce Cases 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.

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.