Queens Spousal Support Lawyer
Spousal support or alimony is what is paid by one spouse to the other after the divorce. In most cases, the spouse who makes significantly more money is the one who pays. Spousal support can be a point of contention in a divorce. There are some spouses who feel they shouldn’t have to pay spousal support. Some who pay will contest the amount ordered by the court. If you are divorcing and feel that you are owed spousal support, you will need a lawyer to help you.
The family court will determine how much spousal support will be awarded and for how long. There are a number of factors that are used including:
- How long parties were married
- Evaluation of mutual treatment
- Income levels and occupations of both spouses
- Employability of both parties
- Contributions of party seeking support
- Calculation of debts and assets
- Both parties reasonable future assets
- Tax implications
- The age of both parties and health status
- Special situation or needs of both parties
If you need an attorney to give you more information about the process of spousal support, give one a call today. Your attorney will fight for equality and fairness. It is their goal to provide you with the representation possible.
There are two types of maintenance: permanent and rehabilitative.
With permanent, the paying spouse is required to pay for food, housing, clothing, and most other needs. There should also be proof required to support the need. Once the payment is awarded, it will stay in effect for as long as needed. The court will monitor the situation to see if there is a change.
Rehabilitative maintenance is the most common type of maintenance. It is used as a temporary way of supporting a spouse until they become self-sufficient.
New York doesn’t set a firm time frame for spousal support. The court will make a decision on whether or not spousal support lasts for a year or will be paid for life. For instance, if a couple divorces and the spouse receiving maintenance goes to school, payments may be extended for a period of time. Although spousal payments are gender neutral, the vast majority of payers are men.
Spousal support requested outside the presence of a courtroom is rare. In order to ensure enforcement, the requesting party will need to hire an attorney. Most divorces are less than civil and people are into their feelings. Simply asking for spousal support may be a bit too much. This is why only a strong spousal support advocate can fight for you. They will call you in for a free consultation and develop a plan of action.
If you feel that you are entitled to spousal support, you need to seek out an attorney as soon as possible. Never leave anything to chance or take it for granite. You will need a professional to help you compile all of you information to present to the court. They will be your spokesperson for as long as you need it. New York attorneys are tenacious and aggressive. They will leave no stone unturned when it comes to helping their clients. Call an attorney today for a free consultation.
How can I safely get my belongings out if he’s abusive?
Though they often happen in secret, abusive relationships are prevalent in today’s society. Leaving an abusive relationship can be emotionally difficult, but the goal is to keep everyone involved safe. One of the main concerns you may have is retrieving your personal belongings. This is especially true for those who flee in fear for their life. You may need your friends, family, and law enforcement to help retrieve your items.
Know Your Rights
You must familiarize yourself with your legal rights. You have rights of protection over you and also your property. It varies from state to state in terms of what is considered personal property. After a relationship has ended, you should try to take as much with you when you leave. If that is not possible, there are other methods for getting your items returned. In these situations, it is to have legal counsel assisting. You need to act safely and legally in this matter. It is difficult not to get emotionally charged when dealing with an ex. However, a lawyer doesn’t have the same emotional ties as you and can help.
Getting An Order of Protection
One of the things a lawyer can do is file for an Order of Protection on your behalf. This is a legal document that limits the activity of the abusive party. It also protects you in the event that they cross these court-mandated barriers. These orders can have stipulations depending on children, previous police reports, financial aspects, and the amount of time spend together. The lawyer can ensure that any personal belongings that are sold, destroyed, or damaged be compensated.
Law Enforcement Accompaniment
You can ask a police officer to accompany you to retrieve your belongings. If you were to go alone, you may face verbal and physical abuse. The presence of an officer will help to thwart such behavior. It is your right to request an officer go with you. When asking the police department for help, show them the paper trail that this person is dangerous. Factual information will help solidify your claims. The officer will need to schedule a time to go and get your items. The time will need to be scheduled with all parties involved. This is often one of the easiest ways to retrieve your things with little resistance.
Prompt the Backing of Friends and Family
Just like the officers, many friends and family have no claim in the relationship either. Your ex may be willing to allow one of them to pick up your items for you. Make a list of all the things that you want to be returned. Have the person call the ex to set a pickup time. If your ex is unwilling to work with the third party, you have the option to file a case in civil court.
The key is to get your stuff within the legal parameters of the law. If you need to you file for divorce, separation, or child custody, the lawyer can help you do that once you are settled and in a better place. Your safety is the first and foremost concern for all involved.