What Is Marital Fault And Will It Affect Alimony Payments
Many former spouses will cite fault grounds to hold the other party accountable for wrongdoing. Unfortunately, citing fault grounds will very rarely impact the terms of your divorce, and, in some cases, it may even hurt you. However, if you can prove that your spouse wastefully dissipated, transferred, or encumbered your marital property, you may receive a significant amount more in alimony payments. It is also worth noting that if you can prove the financially independent party inhibited your earning capacity or became unemployed or underemployed to limit the obligation for his or her support, you may also attain greater alimony payments in the future. Please do not hesitate to contact our knowledgeable and aggressive attorneys if you feel you are being taken advantage of.
What Are The Factors That The Court Looks At When Determining Spousal Support
The court will consider 20 factors when calculating maintenance. Several of the key factors include:
- The income and property of both spouses.
- The length of the marriage.
- The age and health of both spouses.
- Present and future income of both spouses.
- The ability of the receiving spouse to become self-supporting.
- Acts by one spouse which inhibit the other from achieving employment. For example, if there was a domestic violence incident that caused an injury.
- The existence of a premarital joint household.
- Loss of income of the receiving spouse as a result of giving up a career. For example, if one spouse stayed home to care for the children instead of working a full-time job.
- Whether there are children from the marriage that live in the marital home.
- Whether there are disabled children, adult children, elderly, or in-laws that require care.
- Additional child-related costs, such as schooling, daycare, and medical expenses.
- Contributions made by the receiving spouse, for example, if the spouse was a homemaker and did not receive a fixed income.
- Waste of property by either spouse, for example, if one spouse has wasted or lost marital funds as the result of gambling addiction, or also, say, an extramarital affair.
- The loss of health insurance benefits as a result of the divorce. Any transfer of property, for example, where one spouse hides assets.
Then, the last factor is any other factor the court believes is relevant to the decision.
Temporary Spousal Maintenance And Support
Generally, in New York City, temporary spousal maintenance and support is paid by the higher earning spouse to the lower earning spouse while the divorce is still in process. A New York Spousal Support Lawyer will file a Pendente Lite motion asking the court to provide immediate financial support to the lower income spouse based on considerations of reasonable pre-divorce standards of living. Temporary spousal maintenance expires once the Court decides the final order of maintenance after the divorce proceeding is over.
Recommended Reading: File For Divorce In Sc
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Enforcement Of Child Support
If a parent defaults in the payment of child support, the recipient and child have rights.
First, if there is a stipulation or written agreement, the default and notice provisions, if any, must be reviewed and followed. The recipient may then commence enforcement proceedings, which may include seeking court intervention. How to proceed will depend on many factors, including the existence of an agreement, the location of the parties, their sources of income, and their assets. We help parents enforce their rights, and we help parents defend themselves.
In an enforcement proceeding, the Court has broad authority and can issue a money judgment which will accrue interest, hold a defaulting parent in contempt , suspend a drivers license or professional license, and award the enforcing party counsel fees.
A defaulting party need to defend himself/herself against enforcement proceedings, the available defenses are limited and will be fact specific. But if a payor parent becomes unable to pay, and allows arrears to accrue, they cannot be relieved of that liability and should seek legal advice as early as possible to be able to defend himself/herself.If you have questions or would like a more detailed explanation, please call our office to schedule a telephone or in person consultation.
Also Check: Is Spousal Support The Same As Alimony
How Is Alimony Calculated
Each state has its own alimony laws, so there is no standard calculation that can answer, How much is alimony? Some couples may come to an agreement on alimony, but if they cannot, a judge will determine the alimony amount that is awarded.
A judge will calculate alimony based upon each spouses current income, the paying spouses ability to pay, and the receiving spouses need.
For instance, the judge will assess the difference in income between the two spouses and consider the future spouses earning potential.
Another consideration when calculating alimony is the length of the marriage, with longer marriages being more likely to result in one party paying alimony to the other.
A judge is also likely to consider each couples expenses, any child support awarded to the receiving spouse, and parenting arrangements when calculating alimony.
Keep in mind that the difference between alimony and child support is that child support is meant to meet childrens basic needs, whereas alimony is intended to benefit the former spouse who has a lower income.
Related Reading: How to Survive While Paying Child Support
Can I Modify Alimony At A Later Date In New York
Often, people find that certain terms in their divorce no longer suit them in the months or years after their divorce was finalized. For example, if you pay alimony but your spouse just got a significantly higher-paying job, won the lottery, remarried, or otherwise no longer requires your financial support, theres a strong chance you can ask the court to modify or terminate the spousal maintenance order. On the other hand, certain scenarios may warrant an increase in alimony, such as if the financially dependent spouse becomes ill and requires additional support to receive medical treatment. As long as we can prove that there has been a significant, unforeseen and continuing chance in circumstances, you should receive a post-judgment modification.
If you would like to modify your initial alimony agreement or you are facing any other alimony-related issue, our experienced New York City divorce attorneys are here to help. Give us a call today.
Read Also: Divorce In The United States
Alimony Is Called Maintenance In New York
The first thing you should know is that in New York maintenance and alimony or spousal support are the same thing. In most states its called alimony or spousal support. In New York alimony and spousal support is called maintenance. I suppose someone in the legislature thought, you know what, alimony has a bad name, lets call it something else and maybe it will make it more palatable to people who are going to have to pay it. So, they decided to call it maintenance.
Maintenance is a payment from one spouse to the other, both during , and after the couple is divorced. Maintenance is deemed appropriate when there is a significant disparity in income between the two spouses filing for divorce. The purpose of this is to assist the spouse that has a lower income in becoming financially independent.
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How Is Spousal Maintenance Calculated
Spousal maintenance is designed to help a financially dependent spouse maintain his or her standard of living established during the marriage. New York has a specific formula that the court will follow when determining spousal support. Generally, a court will examine income, spouses separate property, tax consequences, and marital property. The longer your marriage, the greater the amount of support you will be awarded. Additionally, if you have physical custody of your child, your spousal support may be adjusted accordingly. Courts will also consider non-monetary contributions to a marriage.
That Aside For More Recent Orders Unless The Parties Agreed Otherwise A Court May Modify An Order Of Child Support Where:
- there has been a substantial change circumstances since the date of the last order or
- three years have passed since the order was entered, last modified or adjusted or
- there has been a change in either party’s gross income by fifteen percent or more since the order was entered, last modified, or adjusted.
While there is no definitive list of factual scenarios that may constitute a substantial change in circumstances, some examples of include: a material change in one or both parents incomes as a result of an illness or injury, or substantially increased expenses resulting from the special needs or illness of a child.
We Treat Our Clients With The Respect They Deserve
At The Levoritz Law Firm, we follow the lead of our founder, Yoni Levoritz, who takes an active role in all our cases. He is always willing to take on the most complex cases, providing clients with the professional representation they should have. We take the time to learn about your personal situation, helping us represent you successfully.
Attorney Levoritz appreciates the opportunity to stand up for the rights of fathers in divorce. As an alimony and child support lawyer, he knows that parents often need professional representation to protect their rights.
We will fight for your interests with the professionalism you deserve.
WE UNDERSTAND THE STRESS YOU FEEL
Our Manhattan spousal support lawyers always focus on the needs of our clients. We understand that going through a divorce is one of the hardest things people will do in their lives. We want to alleviate the stress of our clients through our professionalism and compassionate representation. Call us at 942-4004 today for a case review.
New York Alimony Attorney Helping With Spousal Support Matters
Wondering how to get alimony in New York? Alimony, sometimes referred to as maintenance or spousal support, is a payment that is awarded to one spouse during and / or after the completion of a divorceproceeding. These payments are to ensure that the receiving spouse can maintain a lifestyle that is similar to one when the couple was married. In most cases, spouses who do not have aprenuptial agreementwill be required to confront this particularly touchy divorce topic with the assistance of a Bronx alimony attorney.
AtThe Law Office of Ava G. Gutfriend, the NYC spousal support lawyer from my firm can provide you with information regarding alimony and receiving, maintaining and adjusting payments over time.
Don’t hesitate tocontact my firm if you have questions or need legal assistance from the NYC spousal support attorney at my firm.
Contact Our Experienced Rockland County Firm
The Law Office of Peter L. Jameson, PLLC is an experienced divorce and family law firm located in New City, NY. It is essential to retain effective legal guidance during such pivotal times in life. Contact our firm today to discuss your legal matter and get the quality legal representation you deserve.
Spousal Support & Maintenance Are Gender Neutral
In New York and across the nation, spousal support and maintenance are general neutral. This means the court can order a man or woman to financially support their spouse during and after a divorce. So, if youre a woman whos been supporting your husband while he stays home with the kids, the court can certainly order you to pay spousal support and maintenance. A lot has changed in the past 20 years the courts no longer discriminate between men and women.
Need a Schenectady divorce attorney?Contact DeLorenzo, Grasso & Dalmata today to get started!
How Long Does Spousal Maintenance Last In New York
Alimony in NY can be durational or non-durational depending on the unique details to your case. The court orders durational maintenance for a fixed period, usually in cases where the supported spouse can become self-supporting after several years.
Typically, in New York, the court will determine the duration of alimony by using the following guidelines:
For non-durational support, typically the decision is permanent and doesnt end until one of the following occurs:
Either spouse dies
The recipient spouse remarries, or
The recipient spouse habitually lives with a partner while representing that person as a spouse.
Applying NY’s alimony laws to your specific case can be confusing and overwhelming, but Friedman & Friedman PLLC, Attorneys at Law is here to assist you with your case. at 873-4410 to set up a consultation with our Westchester lawyers.
Contact Us To Reach Positive Spousal Support Solutions
The lawyers at Vacca Family Law Group are ready to help you find the right fair and equitable spousal support solutions. As we resolve your questions, we focus on keeping the process amicable to avoid inflaming emotions. Reach out to us at or complete the form below to request a confidential consultation.
Duration Of Spousal Maintenance
As of January 1, 2019, on the federal level, alimony is no longer deductible by the payor spouse, nor is it considered income to the payee spouse.
For your federal returns, if youre paying spousal support, you do not get to deduct it. If youre receiving spousal support, you do not declare it. In that regard, its like child support always was a non-taxable event on either side.
However, in New York state, as for the state returns, its still deductible by the payor. It is tax-deductible to the payee. New York state did not change the law, but the federal government did.
Certified Divorce Financial Analyst
The emergence of the standard formulas for alimony have been both a blessing and a curse. Since mediators, attorneys, and judges now have access to these formulas its more important than ever to be able to present financial projections that can justify the alimony that is being proposed by you for your agreement.
We work with clients to construct financial projection to illustrate various level of alimony and child support, so they know what their financial future will look like based on the payments build into their divorce agreement. Working with a CDFA can only help the process.
Can I Get A Divorce If My Spouse And I Still Live Together
Yes, if you are filing for a fault-based divorce or under the no-fault option. However, if you plan on filing a separation agreement, this requires that the parties live separate and apart for one year after entering into the agreement. However, you should keep in mind that in many cases, starting a divorce action while living with your spouse may not only be emotionally difficult, but it may also be dangerous for you and your children if there has been domestic violence in the home.
Events That Can Stop Or Reduce Alimony Payments
There are a number of life events that can occur in the future that could either decrease or eliminate the promised alimony payments from being made. Here are the most common:
- Alimony payments stop upon the death of either spouse
- The spouse receiving the payments become remarried
- The spouse receiving the payments is living with someone as a couple, in a permanent setting, and they are sharing household expenses
- The paying spouse becomes involuntarily unemployed
- The paying spouse declares bankruptcy
- The paying spouse voluntarily leaves their employment or has a reduction in income
Contact A Trusted New York Alimony Attorney Today
If you are facing divorce and have questions or concerns regarding your alimony situation, do not hesitate to work with my firm. Whether you are the receiving or paying spouse, alimony can be a cause for stress and confusion. The laws governing family law and divorce issues can be difficult to navigate, and you deserve to be represented by an experienced and understanding professional. I encourage you tocontact The Law Office of Ava G. Gutfriend to see how retaining me as your New York alimony attorney can make all the difference in your case.
Schedule your case evaluationtoday with the NYC spousal support lawyer from my firm!
Types of Cases We Handle
Where Can I Find Additional Information About Divorce In New York
To learn more about making divorce easier for your children, you can visit The New York State Parent Education and Awareness Programs Handbook. You can also check out the NY Courts website for more divorce information, including an informational video, divorce forms and a glossary of legal terms. You will find more information about divorce, including the risks of taking your children out of state while a divorce is pending, on our general Divorce page. To watch brief videos about divorce in Spanish with English sub-titles, go to our Videos page. Lastly, learn more about the court process on our Preparing for Court By Yourself page.
How Is The Amount Of Alimony Payments Determined
Unlike child support payments there really are no set guidelines for the amount and duration of alimony payments. To decide whether spousal support is appropriate, the judge will look at the needs of the spouse asking for support and whether the other spouse has the financial ability to provide financial help. For example, if your income is lower than your spouses but you are able to support yourself, you may not be entitled to alimony. The court will also look at other factors when making a decision about support:
the length of the marriage
each spouses age and health status
each spouses present and future earning capacity
the need of one spouse to incur education or training expenses
whether the spouse seeking maintenance is able to become self-supporting
whether caring for children inhibited one spouses earning capacity
equitable distribution of marital property, and
the contributions that one spouse has made as a homemaker in order to help enhance the other spouses earning capacity.