Westchester County Spousal Support Attorney
Spousal support (commonly called alimony) is designed to provide support for an ex-spouse in need after a divorce. In New York, spousal support is determined exclusively on the basis of financial need. The courts seldom allow infidelity or other mistreatment be considered. An experienced Westchester County conjugal sustain attorney can help you understand the reasoning behind your spousal support agreement. If you need help obtaining the right agreement – or enforcing it – at Kimberly Pelesz New York Law, LLC, we can help. Contact us for that help promptly.
HOW DOES THE COURT DETERMINE THE AMOUNT OF SPOUSAL MAINTENANCE?
It’s best to speak with a Westchester County spousal support attorney to make sure that your rights with regards to spousal maintenance are protected. If the matter goes to court, the court will make a decision on spousal maintenance and the amount of maintenance based on number of factors.
These factors include the following:
- The income and property that you own
- Your spouse’s income and property which includes the marital property
- The duration of the marriage-A marriage of longer duration may mean a higher spousal maintenance amount in your case
- Your age and your spouse’s age-if you are of advanced years, you may win the title for the highest spousal maintenance amount
- Your health and your spouse’s health – If you suffer from poor health, the court may award you a higher spousal maintenance amount
- Your present earning capacity
- Your future earning capacity
- Your need for training to increase your employability-the court may award maintenance for a limited amount of time to help you get the training and education that is required to get a job and support yourself
- Cohabitation- if you and your spouse lived together for a number of years before the marriage, this could impact the duration of the marriage as perceived by the court
- The presence of any abuse or violence in the marriage
- Your ability to get a job and support yourself
- Lost earning capacity of one of the spouses because of lack of opportunity during the marriage-if you had to give up a well-paying job in order to stay home and look after the kids, the court may consider this when it comes to determining the spousal maintenance amount
- Additional expenses that the spouse seeking alimony and maintenance has to pay
To learn how each of these individual factors will affect your case, speak to a Westchester County conjugal sustain attorney.
TEMPORARY SPOUSAL SUPPORT
In New York, the higher income spouse may have to pay the lower income spouse temporary spousal support during the period where the divorce is still pending. Temporary conjugal sustain will conclude when the divorce is finalized and the actual spousal support order has been issued.
The amount that you may have to pay for temporary spousal support is calculated similarly to how actual spousal support is determined. The court will look at your income from your job, workers’ compensation, unemployment benefits, Social Security, veteran’s benefits, pension and retirement benefits, investment income and fellowships and stipends. For temporary conjugal sustain, you may be allowed to deduct child support payments, other alimony payments, public assistance, taxes, and non-reimbursed business expenses.
As of October 13, 2010, the court uses a very specific formula to determine how much temporary spousal support should be awarded. To calculate temporary conjugal sustain, the court uses the following formula:
1) Subtract 20% of the supported spouse’s income from 30% of the paying spouse’s income.
2) Multiply the total income of both spouses by 40% and subtract the supported spouse’s income from that amount.
3) The court will determine the temporary award of maintenance based on the lower amount of (1) or (2).
For example, if the supported spouse’s income is $50,000 and the paying spouse’s income is $100,000, these steps would be taken:
1) $10,000 (20% of $50,000) is subtracted from $30,000 (30% of $100,000) = $20,000
2) $60,000 (income of both spouses: $50,000 plus $100,000 multiplied by 40%) minus $50,000 (supported spouse’s income) = $10,000
3) Since $10,000 is the lower of the two, this will be the temporary award of maintenance.
If the court believes that you are not reporting your true income or failing to leave out all sources of your income, the court may determine conjugal sustain based on what they believe is your actual income. There are also special circumstances in which the court will not use the formula above because the value using the formula would be “unjust or inappropriate.” These circumstances could involve the age and health of both spouses and their future earning capacities.
If you find yourself dealing with temporary spousal support issues in your divorce, don’t hesitate to contact an experienced Westchester County conjugal sustain attorney as soon as possible.
WE LISTEN AND HELP
At Kimberly Pelesz New York Law, LLC, whether you are paying or receiving (or expecting to pay or receive) spousal support, our experienced Westchester County spousal support attorneys understand the frustration and confusion you may feel. We take the time to explain how spousal support works and we help you to make informed choices about your case and your future. We work with forensic accountants to we determine what type of spousal support you should be paying or receiving. No single approach or formula works for everyone. We listen to your goals and concerns, and we help you develop a plan to move ahead with your life without unnecessary financial hardships or anxieties.
LET US HELP YOU
Our attorneys know how complicated and frustrating a spousal support dispute can be. Whether you’re paying or receiving, let us help you obtain a spousal support plan that’s fair and reasonable. Contact Kimberly Pelesz New York Law, LLC as quickly as possible for a free initial consultation if you are involved in or anticipating a spousal support dispute during or subsequent to a divorce. With offices in Peekskill and Poughkeepsie, we serve New York clients in Beacon, Fishkill, Wappingers Falls, Newburgh, Tarrytown, Greenburgh, Westchester County, Dutchess County, Putnam County, Orange County, and Rockland County. To learn more about how an experienced Westchester County spousal support attorney can help you in a spousal support dispute, email us or call us promptly at (914) 402-4541.