Nationwide, there has been a movement for alimony reform. States have considered have considered a litany of solutions to fix the arbitrariness of alimony or maintenance as is it is better known in New York. Maintenance can vary in both duration and the amount of the payments. Last year, the New York legislature considered proposals...
The laws governing spousal maintenance in New York may be soon be changing. The Law Revision Commission issued a recommendation that New York adopt a formula to determine not only temporary maintenance, but post divorce maintenance as well. Presently, New York courts only use a formula to award temporary maintenance. Post divorce maintenance is generally based...
After a divorce is filed it is not uncommon for one of the parties to claim that they are no longer self supporting and have suddenly become indigent. It is a much rarer issue when one of the parties suddenly becomes rich. Two recent cases illustrate what happens when one party wins the lottery. ...
UPDATE: This blog post addresses the calculation of maintence in cases commenced before January 25, 2016. For cases filed after January 25, 2016, read this blog post. At the same tine no fault divorce came to New York, the laws regarding maintenance or alimony as is known elsewhere were changed. New York...
You have been granted either spousal maintenance or child support, what happens if your ex dies? Maintenance or spousal support terminates when the paying spouse dies. Ordinarily, unless arrears are owed, the recipient of the payment has no claim against the payer’s estate. It is for this reason, that I strongly encourage all periodic payments...
Though divorce filings are up on Long Island since the New York’s no-fault divorce law took effect 17 months ago, the law is having its intended effect; couples are concentrating on the financial and child custody issues rather airing their dirty laundry in grounds trials. According to Newsday, the number of new divorce cases in...
Cases applying New York’s temporary maintenance and counsel fee award laws enacted last year are beginning to trickle in. The recently decided case of J.H. v. W.H. illustrates how an award of temporary maintenance and child support will lead to a re-distribution of income. In the case, the husband and the wife had incomes of...
One of the major criticisms of the new temporary maintenance law enacted last year was that it would lead to severe results, disproportionately re-distributing income. The new law provides for a formula to calculate the presumptive temporary maintenance award. The law also provides a number of factors to be considered when the presumptive award would...
The new temporary maintenance law became effective in New York on October 12, 2010. The new law provides a fixed formula for awarding temporary maintenance (in New York alimony is termed “maintenance”). The formula provides that temporary maintenance should be the lesser of: 1) Thirty percent of the higher-earning spouse’s income, minus 20 percent of...
Simultaneous with the enactment of no-fault divorce, New York enacted guidelines for awarding temporary maintenance. The stated purpose of the guidelines was to provide consistency and predictability for temporary maintenance awards in the same way that the child support guidelines do. Pursuant to the guidelines, maintenance is to be awarded during the divorce when one...
Follow us:
ATTORNEY ADVERTISING. Prior results do not guarantee a similar outcome.
The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts.
THIS SITE SHOULD NOT BE USED AS A SUBSTITUTE FOR COMPETENT AND INDEPENDENT LEGAL ADVICE.
Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties
