Helping Resolve Spousal Support Matters
Spousal support is also known as alimony or spousal maintenance. It is a big concern for people on either side of a divorce. To protect your interests, consult an experienced lawyer.
The Pappalardo Law Group PLLC is a law firm dedicated to family law representation in New York. We represent clients throughout Westchester, Putnam, Rockland and New York counties.
Preparing You For Long-Term Success
Spousal support is a highly contested area in divorce. It can be a barrier to successful settlement. The paying spouse may feel resentment toward providing support. The receiving spouse may believe they are entitled to financial support.
Our approach is to set our clients for long-term success. Regardless of whether we represent the paying or receiving spouse, we are fastidious in our evaluation of all facts involved. We examine all available financial resources, the parties’ lifestyle, assets, capacity to work, earning power and all issues involving children. We analyze the economics involved to identify the most effective strategy available.
Understanding The Types Of Spousal Support
Spousal support can be temporary or permanent. Temporary support applies during the divorce proceeding when one spouse needs assistance maintaining their reasonable standard of living. When the divorce is complete, the support order may be changed or could remain in effect.
The circumstances involved for each marriage and each spouse are different. Our White Plains spousal support attorneys will discuss your best options, whether you are trying to protect your right to be supported or wish to prevent having to pay more or for longer than what is reasonable.
We also address modification of support orders to address any post-divorce changes that might affect the support amount.
Important Questions About Spousal Maintenance In New York
Whether you may pay or receive support, the financial implications can significantly impact your future. Our team has helped numerous clients through these complex matters and provided clear guidance on their rights and obligations. Below, we address the questions we hear most often from clients like you. If you have additional concerns about your specific situation, we encourage you to contact our office for personalized assistance.
What factors do New York courts consider when determining spousal support?
New York courts evaluate several factors when deciding spousal support, including the length of the marriage, each spouse’s income and earning capacity, age and health, and the standard of living established during the marriage. They may also consider contributions to the marriage, such as homemaking or career sacrifices, and any child-related responsibilities. Consulting an attorney ensures these factors are presented effectively in your case.
Can spousal support orders be modified after a divorce is finalized?
Yes, spousal support orders can be modified if there is a significant change in circumstances, such as job loss, a substantial increase in income, or health issues. Either party can petition the court for a modification, but they must provide evidence of the change. Our attorneys can help you navigate this process to ensure your rights are protected.
How is temporary spousal support calculated during a divorce in New York?
Temporary spousal support is calculated using a specific formula under New York law, which considers the income of both spouses. However, the court may adjust the amount based on unique circumstances, such as child care costs or medical expenses. An experienced attorney can help you understand how the formula applies to your situation and advocate for a fair outcome.
What happens if a spouse refuses to pay court-ordered spousal support?
If a spouse fails to comply with a spousal support order, the receiving party can take legal action to enforce the order. This may include wage garnishment, property liens or even contempt of court proceedings. Our team can assist you in enforcing your rights and ensuring compliance with the court’s decision.
Is spousal support taxable in New York?
For divorces completed after December 31, 2018, spousal support payments cannot be deducted by the paying spouse, and they are not counted as taxable income for the recipient under federal law. However, state tax laws may vary, and it’s important to consult both a family law attorney and a tax professional to understand the implications for your case.
How Can I File For Spousal Support?
Spousal support, or maintenance, is available to either party in a divorce. To be eligible, you must file for support at the beginning of divorce proceedings. Before the court awards spousal maintenance, the judge considers the following factors:
- Income of each spouse
- Present and future earning capacity of each spouse
- Contributions of party seeking maintenance
- Length of marriage
- Presence of children
- Tax consequences
- Waste of shared assets by each party
- Many other factors
Spousal support judgments in New York can be permanent or temporary.
Contact Our Westchester County Alimony Attorneys
We seek to protect your interests and put you in the best place for long-term success. Call our office at 914-362-2979 or contact us online for effective legal representation.
We speak English, French, Mandarin and Hebrew.
