Spousal Maintenance Lawyer on Long Island
Temporary Maintenance in 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, then 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 instead
lists 20 factors for the court to consider when making such awards. What
this law most importantly does not cover are answers to what kind of impact
the formula for setting temporary maintenance will have upon courts in
determining the appropriate dollar amount and duration of final awards
Get in Touch with Our New York Spousal Support Attorneys
At Friedman & Friedman PLLC, Attorneys at Law, we are committed to
representing our clients and utilizing our knowledge of spousal support
and alimony to its fullest extent. Our team of attorneys can review your
particular situation in order to determine exactly what our firm can do to help.