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To be sure that you are getting spousal support after ending a marriage, you need to work with a lawyer that is able assist you. These attorneys will be valuable, because they understand the ins and outs of New York family law — particularly in the realm of spousal support. Because of the ramifications and outcome of the case, you need to think about the tips below and use them in a way that is helpful.
When Is Spousal Maintenance Necessary?
As a rule of thumb, the spouse who earns a higher income would be the one who is ordered to pay their ex-spouse a fee every month called spousal maintenance. It typically only becomes necessary when one spouse earns substantially more income than the other. A textbook case scenario is when a husband worked full time as the breadwinner and his wife stayed home with the children throughout the duration of the marriage, never earning income. In the event of a dovirce, she would not be capable of earning enough money in the way her husband did to support the lifestyle she and/or the children are accustomed to living. In this scenario, the husband would likely be ordered by the family court to pay spousal maintenance
Who Needs a Spousal Maintenance Lawyer?
A spousal maintenance support lawyer is required by both the awardee and the payee when issues come up in their case. For example, if a court awarded spousal maintenance, but the payments aren’t being made, a lawyer can help you. If you were ordered to pay spousal maintenance and feel the amount is unjust or have other questions or concerns, a lawyer can also provide legal expertise in your matter. An attorney offers assistance to those seeking financial support from their spouse.
Find a Spousal Support Attorney That Values Your Best Interests
To really set the tone for your spousal support case, make sure that you reach out to a few good law firms to learn more about how they can serve you. By taking the time to contact skilled lawyers, you’ll have professional quality service when determining a prudent and appropriate spousal support amount, filing a legally binding petition and going through court proceedings. By getting about three different consults from family lawyers in New York, you’ll have a better understanding of these cases and what you can expect from them.
The Spodek Law Group might be a great starting point for you in that regard, because they are skilled and have become a fixture in the New York family law scene. The firm has existed for more than 50 years and can be an asset when you are seeking spousal rights after a divorce.
Learn What Things Will Be Considered For Your Spousal Support Case
A lot of terms come into play when determining spousal support. For instance, spousal support can be issued for years or for temporary maintenance in the middle of a divorce. Every case is different, but there are some specific guidelines that the courts will lean toward.
Some examples of things the courts will consider include current and potential earning potential of each person, whether or not the two of you live together before marriage, education and training costs and which parent has custody of the children. Once you understand the variables that will be combed through during your case, you and your family law attorney will be able to more strategically put together a winning case.
Knowing these things will be helpful whether you end up getting a resolution in court or figuring things out in settlements.
Temporary Maintenance During Your Case
In some New York divorces, temporary maintenance can be ordered or agreed upon between the spouses. Temporary maintenance is designed to help a spouse going through a divorce proceeding to meet more immediate financial needs. It is based on a consideration of their needs, in conjunction with a recognition of that spouse’s standard of living that existed under the shelter of the marriage.
The state of New York has set up very specific legal guidelines for temporary maintenance. The guidelines includes a worksheet that is designed to calculate the proposed amount of maintenance to award on a temporary basis while divorce proceedings are ongoing.
Temporary maintenance customarily remains in effect until a final divorce decree is entered in a matter. In some cases, a temporary maintenance order could be altered or even eliminated in advance of the final divorce ruling.
Generally speaking, in divorce proceedings, a court must follow the temporary maintenance guidelines established by New York legislation. A court is empowered to deviate from the state-mandated temporary maintenance guidelines in a scenario where the guidelines calculation workout in reality to be unjust or inappropriate.
How Long is the Higher-Earning Spouse Required to Pay Spousal Maintenance?
Here are the ways that spousal support can terminate:
- Upon the untimely death of one of the spouses
- When the recipient of the spousal maintenance gets remarried
- On a date predetermined by a court of law
- When the judge determines that the recipient spouse has had plenty of time to get a good job and become self-supporting
- If retirement or job loss happens. In such cases, if the payments are not altogether terminated, at minimum, the amount of spousal maintenance can be reconsidered
Spousal support can be paid over the long run or for a short timeframe. There is no overarching “right or wrong” length of time for spousal maintenance, but getting in touch with a New York spousal maintenance lawyer to help with your matter is good housekeeping. An attorney will be able to help a client receive the maximum amount they are entitled to, or to pay the lowest amount, depending on who is being represented in the case.
Be Prepared To Work With Your Lawyer On An Ongoing Basis
It is so crucial that you hire the best family law firm that you can find since they will potentially be representing you in this matter for a long time. The case is not necessarily over once spousal support is granted. The other party has the opportunity to dispute the ruling or get amounts adjusted or removed altogether during the terms of the agreement.
It is important to always have a law firm by your side that can help you with these potential modifications or other situations that come into play when dealing with any family law matter. Once you are clear on the pedigree of your law firm, you’ll be more relieved to know that you have made the right decision on who can represent you in these matters.
Think about these terms if you are dealing with a spousal support matter. These points will come into play and it is necessary that you find a quality attorney who can be your advocate as you go through each step of the process.