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Payments that are paid by one divorcing/divorced spouse to the other are referred to as spousal support (the terms alimony/palimony are outdated). These payments are made both temporarily during the pendency of a divorce in many cases and then for a specified period of time following the divorce.
The amount and duration of spousal support is determined based on the facts of each unique case. Courts consider many factors in making their decision including the standard of living the couple enjoyed while married, the income of both or either spouse, the marital property involved, the length of the marriage, the age and health of both parties, and various other financial resources such as inheritances. The Statute and Case Law help govern a presumptively correct amount, but each case requires its own analysis.
In almost all situations, a party should not expect to receive financial support for the remainder of his or her life (another outdated concept). The purpose of spousal maintenance is to assist a spouse until he or she is capable of supporting him or herself. If circumstances in life change after a determinate is made, especially in light of recent changes to the law, then modifying the support order may be possible.
At the Law Offices of Seidner & Associates, PC our New York spousal support attorneys frequently handle cases and our experience has helped many clients obtain optimal results. Whether you are seeking spousal support or must provide support, or seek to modify a prior order, we welcome the opportunity to evaluate your unique situation and provide sophisticated legal representation.
Support 2013
A mother of three asked the court for support while her case was pending. Mr. Seidner argued the motion over vehement objections from the husband's counsel, who said she was not entitled to relief.
The outcome
Temporary maintenance, child support and attorney's fees.
Read the case noteWithout their support, we could not maintain our happy and peaceful life
Prior results do not guarantee a similar outcome.
Both the custodial or non-custodial parent can ask for a modification depending on the circumstances of either party. Modification can occur due to one of the following factors:
In some instances, one party might seek to reduce their financial obligation by artificially reducing their earnings. When this occurs, a judge can impute income. Imputing income means that the judge assigns a different income amount than what they report they are currently earning based on their earning capacity.
What is imputing income?Tell us a little about your situation and we'll be in touch the way you choose. We treat every inquiry with discretion.
