New York Temporary Maintenance Lawyer
Temporary Maintenance in Long Island, New York
Under the 2010 divorce reform act there are now guidelines for determining temporary maintenance. In short, the court must figure out what the income of each party is or should be and then apply the following formula:
Where the payor's income is up to the $500,000 annual cap: (a) The court shall subtract twenty percent of the income of the payee from thirty percent of the income up to the income cap of the payor. (b) The court shall then multiply the sum of the payor's income up to and including the income cap and all of the payee's income by forty percent.(c) The court shall subtract the income of the payee from the amount derived from clause (b) of this subparagraph. (d) The guideline amount of temporary maintenance shall be the lower of the amounts determined by clauses (a) and (c) of this subparagraph; if the amount determined by clause (c) of this subparagraph is less than or equal to zero, the guideline amount shall be zero dollars.
If the income of the payor exceeds $500,000 annually the court shall use the formula above to determine temporary maintenance on the first $500,000 of income and then it shall consider 19 factors to determine what if any maintenance should be awarded on income over that cap.
The act states that if the court finds the above results in an award which is unjust or improper it can adjust it based upon 17 factors listed in the act.
Post-Judgment Maintenance in New York Divorces
This act does not state any presumptive amounts or duration but lists instead 20 factors for the court to consider when making such awards. What this law most importantly does not cover are answers to what impact the formula for setting temporary maintenance will have upon courts in determining the appropriate dollar amount and duration of final awards of maintenance.
New York Divorce Attorney Sari Friedman
At Sari M. Friedman, P.C. we are committed to representing our clients and utilizing our knowledge of spousal support and alimony to its fullest extent. Attorney Friedman and her team can review your particular situation in order to determine exactly what our firm can do to help.
Contact New York divorce lawyer
Sari M. Friedman to discuss maintenance as it relates to your divorce or legal separation.