Discuss Alimony with a New York Attorney
At our law office in Dongan Hills, Staten Island, New York, we help our clients negotiate all issues of divorce, including whether or not there is an obligation to pay maintenance which used to be called alimony.
What Is Spousal Support?
Pendente Lite maintenance support is designed to provide emergency assistance to the spouse who remains in the marital residence while the divorce is in process. An obligation to pay spousal support usually arises because one party has either moved out of the marital residence or has stopped paying bills, such as mortgage payments while living in the house.
You should never move out of the marital residence without seeking a lawyer’s advice about how it could affect your divorce.
What is Spousal Maintenance?
Spousal maintenance is an award at the conclusion of the divorceaction. It is typically paid in longerterm marriages where there is a significant difference in earnings between the two parties. Recently, New York State, passed a new law which provides the Court with a clear and consistent formula to be utilized when calculating a maintenance award. The new law applies only to actions or proceedings commenced on or after January 25, 2016.
When using the new maintenance formula , the Court will consider the following factors such as the length of marriage, difference in earnings between the two parties, whether one party stayed home to care for the children and the spouses ability to be self supporting.
Although the new legislation provides the Court with a specific way to calculate maintenance, it still provides the Court with flexibility to exercise their discretion in appropriate cases and deviate from the presumed amount.
Additionally, the new law provides an advisory durational formula that the Court will refer to when determining how long maintenance should continue. In many cases, maintenance is usually provided for a period of time to help you develop the skills to be self sufficient.
Furthermore, the new statute also now requires the Court to consider when determine the length of maintenance the parties anticipated retirement assets, benefits, and respective retirement eligible age if ascertainable at the time. Lifetime maintenance is still permitted under the new statute but it is extremely hard to receive in New York.
Spousal maintenance is taxable to the person receiving it and tax deductible to the person paying it. In cases where the payee of maintenance is also receiving child support, the maintenance award will now be added to the payee’s income and deducted from the
payor’s income when calculating child support. However, the parties may be afforded the opportunity to recalculate child support upon the termination of maintenance based upon the factors and circumstances surrounding their case.
To schedule an attorney consultation to discuss alimony: Call 718-213-4746 or fill out the contact form on this Web site. Our law office is located on 94 Hancock Street in Dongan Hills, Staten Island, New York
The DePalo Law Firm has been accepted as a Participating Law Firm for Hyatt Legal Services, ARAG, Workplace Benefits, and the Legal Club of America.