24/7 call for a free consultation 888-504-2746

AS SEEN ON

Blog

NYC Alimony and Maintenance Lawyers

August 8, 2018

In the event that you end your marriage, an attorney can go to court with you to seek alimony from your former spouse. Unfortunately, there aren’t a lot of regulations in place in New York City surrounding alimony or maintenance after a marriage dissolves, which is why it’s best to hire an attorney who can offer assistance. The end result in an alimony case is often left to the discretion of the judge after receiving information presented by both parties. If there is no indication that alimony is needed or that the marriage dissolved because of a decision by both parties, then a judge might not order any kind of payments by one spouse to the other.

Alimony is a payment that is made to the party who is financially dependant on the other party. In most situations, the husband makes the support payment to the wife along with any child support payment if children are in the relationship as well. The goal of alimony is to ensure that the receiving spouse is financially stable for the time during the divorce and after the proceedings. After enough evidence has been established to indicate that alimony payments can be awarded, then the judge will work to determine the amount that is to be received by the spouse. There are forms that are often used to help with determining the exact amount. The judge will determine how long the alimony payments will be received. An option is awarding the amount in a lump sum while other options include temporary payments and those that are made periodically.

One of the first things that the judge will have to do is determine which spouse will receive the alimony payment. Alimony is usually established if there is a large gap in income amounts or if one spouse relies solely on the finances of the other while going to school or taking care of the family. If the wife makes more money, then the husband would receive the alimony payment, which is why men and women can receive payments instead of alimony only being awarded to women. The purpose of alimony is to ensure that the spouse can maintain the same way of life during the divorce process and shortly after the divorce is finalized. In most situations, the spouse receiving alimony payments will secure a job to have income and not rely on alimony payments.

A net income amount is determined by the court. All gross income is included in order to get the net income. There are statutes set forth by New York City laws that detail formulas to use when determining the alimony amount. This allows the court to come to a fair amount for the payor and the payee. After the amount is determined, the court will work to come up with a length of time for how long the alimony will be paid. There are a few elements that are taken into consideration when the length of time is established, such as whether there are children in the relationship, whether the spouse is physically or mentally able to seek employment, how long the couple was married, and other issues that the court might see in the relationship that aren’t presented by the couple or by the attorney for either side.

After alimony payments are awarded to the injured spouse, there are a few situations that could arise that would lead to the immediate end to the payments. One of these situations is the death of either the payor or the payee. If the payee gets married again or begins working and is able to be self-sufficient, then the payments would cease. If the payments stop for no clear reason or there is a backlog of payments, then an attorney can work to establish the payments once again and to ensure that the payee continues to receive alimony until a valid reason for termination is filed.

Call Now!