ENFORCING, MODIFYING & DETERMINING NY ALIMONY
Spousal support is a key part of any divorce or legal separation. In a contested divorce or an uncontested divorce, this issue will need to be addressed. Your New York City divorce attorney will play a big part in the outcome of this – and thus it is important to choose an attorney who will be able to use experience, persistence and dedication in order to successfully represent you during negotiations or in court.
In the state of New York, the courts can award maintenance to one spouse. Maintenance, also referred to as “alimony” and “spousal support”, is presented in the form of a monetary payment from one spouse to another. Either spouse, male or female, can be ordered to pay maintenance to their spouse by the court. The monetary payment can be awarded over time or in one large sum.
If you are going through a divorce, and support is an issue, contact a lawyer at Brian D. Perskin & Associates P.C. Our team of skilled lawyers has experience in helping clients with spousal support cases throughout New York, including Bronx, Brooklyn, Queens and Manhattan. We will work to develop a legal strategy to help you win your case.
DETERMINING SPOUSAL SUPPORT PAYMENTS AND DURATION
Previously, the court has had broad discretion to determine and award both temporary and post-divorce maintenance. That discretion, however, has been altered by the passing of Bill A-7645-2015 in September 2015. Starting on January 23, 2016, the courts will begin to use formulas to determine both temporary and post-divorce maintenance.
The new formulas, provided by the bill sponsor’s memo, are as follows:
- For maintenance payors who are also non-custodial parents: (i) subtract 25% of the maintenance payee’s income from 20% of the maintenance payor’s income; (ii) multiply the sum of the maintenance payor’s income and the maintenance payee’s income by 40% and subtract the maintenance payee’s income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance.
- For maintenance payors who are custodial parents (or there are no children): (i) subtract 20% of the maintenance payee’s income from 30% of the maintenance payor’s income; (ii) multiply the sum of the maintenance payor’s income and the maintenance payee’s income by 40% and subtract the maintenance payee’s income from the result; (iii) the lower of the two amounts will be the guideline amount of maintenance.
Additionally, the bill has other key provisions:
- There will be an income cap of $175,000. The previous cap was $543,000.
- There will no longer be considerations of “enhanced earning capacity,” so lawyers will no longer work with experts to determine the lifelong value of a professional degree earned during the course of a marriage.
- There is now a new advisory schedule to how long post-divorce maintenance should last:
- Marriages of zero to 15 years: maintenance should last 15 to 30 percent of the length of the marriage.
- Marriages of 16 to 20 years: maintenance should last 30 to 40 percent of the length of the marriage.
- Marriages of 20 years or more: maintenance should last between 35 to 50 percent the length of the marriage.
A complete list of provisions can be found in the Bill A-7645-2015 sponsor’s memo. Spousal support is often one of the most difficult situations to deal with in the divorce process because it affects the current and future lifestyles of both spouses. No one wants to be hindered financially by the payment or lack of alimony. If you are encountering problems with spousal support, contact a lawyer at Brian D. Perskin & Associates P.C.. We will represent you and aggressively fight the financial limitations that spousal support often presents.
Contact a New York divorce attorney at Brian D. Perskin & Associates P.C. regarding your spousal support or maintenance issue!