Brooklyn Spousal Support Lawyers
In New York, spousal support is a key element in every separation or divorce. It is also determinant upon a number of factors. In most cases, spousal support is temporary and is only given while the divorce is pending. It is uncommon in New York to see spousal support going on for a long period of time. The only exception is if it is deemed permanent maintenance and the parties have been married for a long period of time. If you are going through a divorce and need more information about spousal support, you should find an attorney who is experienced in these matters.
There are two types of maintenance: Permanent and rehabilitative.
Permanent is when the spouse receives payment for foods, clothing and other needs. The spouse is required to provide proof that the items are needed. The order will stay in place until the court deems in unnecessary. This is usually given untilthere is some other change in circumstance.
Rehabilitative is temporary payment that is given until the spouse successfully completes some type of schooling or other vocation and can take care of themselves. The court will review all cases to determine when or if there is change.
Spousal support is determined by a variety of factors. Courts are often given wide discretion on how much support the spouse needs. The court will act cautiously in order to ensure fairness for both parties. Some of the considerations are as follow:
- Length of marriage
- How spouse conducted themselves during the marriage
- Source of income and occupation of both spouse
- Contribution as a homemaker
- Skills in terms of employability
- Disclosure of assets and debts
- Future earning potential of both spouses
- The age and health of spouse
- Tax ramification
- Is the spouse mentally or physically challenged or has any special needs
The court has the discretion to either accept or reject this statute. If the court deems the formula unfair, a ruling will be made based on the fact that there is a disparity in income between parties. Parties should also note that spousal support is viewed as rehabilitative. It is only for the short term until the other party becomes self-sufficient. This is the reason why a person should employ a lawyer to get the necessary information about spousal support. It is not cut and dry and can be somewhat complex. An experienced attorney can walk you through the process and help you come to a fair resolution.
There is also taxes that should be considered with spousal support. Unlike child support, spousal support is taxable and tax deductible for the payee. This can provide a tax advantage.
If you are a spouse and would like to have more information regarding spousal support, the Brooklyn area has plenty of lawyers who could provide you assistance. These matters can be very delicate at times. It is that both parties retain representation so they will both the necessary knowledge. Spousal support is sometimes a necessary in divorce cases. There are times when the receiving spouse is greedy and just wants extra money. But if the court deems you don’t need it, you wont get it. Call an attorney today to get more information.
Getting Things Removed Following A Divorce Or Separation
It can be a serious strain on anyone to have to deal with keeping the belongings of someone with whom they have had a falling out with. Often this situation arises when one has separated from or divorced their spouse. If that spouse refuses to remove items from the living area that the two of you once shared, then the problem can quickly escalate into a very serious issue. The person who is still in possession of the items needs to understand what the proper steps are to have these items removed legally.
Do Not Act Rash Even Though You May Want To
Your first line of though may be to simply throw the items away or even sell them. You might be angry with the person who has vacated the premises, and riding yourself of his or her belongings can feel good emotionally. That being said, it is not the appropriate or legal response to take. Instead, you should take stock of what all belongs to the other person. A detailed inventory is not completely necessary but it is probably a good first step towards riding yourself of this issue.
Notify The Person That They Have Belongings They Need To Retrieve
It is likely that the person who has left possesses behind is aware that they have done this. You are not likely to surprise them with this information, but it is still important to notify them of the situation. They should be informed in a way that retains a copy of this information for yourself as well. In other words, if you send them an e-mail informing them of the situation, you will still have a copy that can be used in court later if necessary.
Another option in this step is to send them a letter via certified mail that informs them of the fact that they have items to be removed. The certified option means that you can confirm later that they received said notification from you.
Give Them A Deadline
Most courts in the land respect a 30 to 60 day deadline to have someone retrieve their possessions. Thirty days should be considered the minimum, and 60 days is probably preferable. However, it should be no fewer than 30 days. That is surely enough time to give to just about anyone to have their property removed.
If the individual fails to remove their possessions after this period of time, it is likely acceptable at that point to remove them yourself. It would be difficult for the other person to come back and say to the court that you were being unreasonable at that point. As long as you have proof that you gave them time and notifications that they needed to get things removed, they should be able to do so.
Most of these types of cases do not end up before the court, but it is important to understand this information beforehand. You do not want to be dragged into court by someone angry that you have gotten rid of possessions of theirs that should never have been thrown out in the first place.
Is it Possible to Postpone Our Divorce Instead of Withdrawing it?
Divorce is a very difficult and life-changing experience that many never anticipate. But not every divorce proceeding has to lead to divorce. In fact, there are a couple of things you can consider doing to help postpone a divorce instead of completely withdrawing to give time to make such a difficult and final decision. If you feel slowing down a divorce proceeding is necessary to possibly stop the proceedings altogether, it is to try to find resolution before finalizing the order.
Consider Everyone Involved
A divorce typically does not only affect the spouses; but also family and friends as well. Divorce breaks up families and separates everything involving the divorce; therefore, if postponing a divorce can possibly help stop a divorce from occurring, it may be a great thing to consider.
Talk to Your NYC Divorce Attorney
It is always recommended to discuss any legal issues with a lawyer in order to ensure accurate information is provided. Lawyers can handle your case individually and will be there to meet all of your needs. This would also entail filing a motion for continuance to the courts for the judge to postpone the divorce proceedings. This will give you and your spouse time to find resolution to your potential and underlying issues that led to consider divorce.
Ask The Judge
If you are not able to hire a lawyer, filing a motion for continuance in the courts yourself would be a good start. Once the courts process your paperwork, they can set a date to appear in front of a judge for which you can plea for a later date. Divorce is a very common case load in the court systems, so trying to avoid granting a divorce is probably something a judge would like to see for once. Providing the judge with a reasonable excuse however, would need to be accepted.
Ask for Mediation
Mediation is oftentimes used to handle divorce proceedings whether or not a lawyer is involved; and is also preferred over taking the divorce to the courts. Mediation entails each spouse appearing in front of a mediator, or your lawyers acting as your mediators to help both parties discuss options for divorce. This also helps the courts with getting backed up. During mediation, a separation agreement could be put into place if they wish to try and resolve their issues to possibly attend marriage counseling or other forms of reconciliation to avoid divorce.
What If My Spouse Does Not Want to Postpone the Divorce?
Some spouses may not really want to get a divorce, but just looking for changes to better their relationship. Trying to discuss postponing the divorce to discuss options of counseling and finding resolution to settling their differences may be enough for some marriages. Giving them a possible time frame to see how things work may suffice for some. However, there are some that simply do not want to try and make things work. Ultimately, the decision is not up to the spouse when a judge is involved; however, they will hear both sides. Only a judge can sign off on a divorce; therefore, by submitting the “motion for continuance,” can ensure you at least have a change to stop the divorce by being granted more time.