Helping You Understand How Spousal Support Is Handled
New York State has implemented a formula for calculating spousal support both after the resolution of your divorce action and during the pendency of your divorce action (“pendente lite”). In contested matrimonial matters (cases where the parties cannot agree and must seek the assistance of the Court in resolving the issues relevant to their divorce), a Pendente Lite Order is usually issued. A Pendente Lite Order sets forth each party’s legal obligations during the pendency of the matrimonial action. This order can often be in effect for years while your case is pending. Once a Pendente Lite Order is issued (generally very early in the case), it is very difficult to change it.
While attempting to resolve your case, (by settlement or court order after trial), if you have a good legal team, you can provide the court and/or your adversary with proper information and documentation to prove your position with regard to spousal support. If you feel you should be paying less than the statutory amount (as the monied spouse) or you feel that you should receive the sum dictated by the statutory guidelines as the non-monied spouse, then you will need a legal strategy that will enable you to achieve that result. A good plan and an organized legal strategy from the beginning of your case will play an important role in achieving a successful outcome.
For this reason, choosing the right legal team is essential from the beginning of your case. An experienced attorney will present the whole picture to the judge which may include all carrying charges paid on the marital residence, income earned by your spouse that is not easily detectable, your spouse’s earning capacity even if he or she has no current income, and other relevant issues.
We Are Here To Guide You
You must have an experienced attorney who can present the information to the court in a way most favorable to you and, in many instances, convince the court to deviate from the statutory formula. To schedule your free consultation, call our office at 631-323-6881 or contact us online.