Spousal Support Guidance
After a divorce, there is so much to sort out. Spousal support is one of those things. With the strong guidance of a Saratoga divorce attorney, you can navigate this legal process.
Alimony, spousal support or spousal maintenance comes down to one spouse making payments to another to maintain a standard of living the court judges to be appropriate. A married spouse can petition the New York Family Court to order spousal support; if a couple is separating or divorcing, the New York Supreme Court will consider spousal support as part of the marital action. Spousal support can be for a set number of years, or an indefinite period. It is gender neutral, though occasions are few when the court orders the wife to pay the husband.
Spousal Support | Different Types of Spousal Maintenance
Spousal maintenance is in a state of flux in the State of New York. Currently, we have two statutes. One statute is formal, and it applies to temporary spousal maintenance and is paid prior to the judgment of divorce being entered. The other statute is a post-judgment permanent spousal maintenance statute. Permanent does not mean forever; it is the statute that applies to maintenance after a judgment of divorce. The New York legislature has created and passed a new statute on spousal maintenance which will do away with both of the existing statutes. That statute has been passed by the Senate and the Assembly and is awaiting signature by Governor Cuomo. Once that statute is passed, spousal maintenance, both temporary and permanent, will be ordered pursuant to a formula. The formula is relatively complex. There are a number of factors that have to be considered before the court determines which formula applies. The formula also contains a durational calculation. This means that we are no longer subject to the whims and predilections of the different judges with regard to how they view spousal maintenance. We are about to have a comprehensive statute that will assist us in advising clients and addressing spousal maintenance in a comprehensive fashion in all cases, both on a temporary and on a permanent basis.
Spousal Support | My Ex is Not Paying Child Support or Spousal Maintenance
One question that we get here quite often is, “What happens if my spouse is not paying child support and/or spousal maintenance under the current agreement?” My answer is always to come and see us. We can definitely help you out with this. What will happen is we will go to either Supreme Court or Family Court, file a violation petition, and enforce the terms of the agreement.
To speak with a knowledgeable lawyer at Jean M. Mahserjian, Esq., P.C., call us at (888) 919-1380. We will be happy to answer your questions and schedule an initial appointment at our Clifton Park office. You can also schedule an appointment by contacting us online.