Maintenance and Spousal Support pre 2015 & 2016 Changes

Maintenance and Spousal Support

Darren M. Shapiro, Esq. is an effective lawyer and mediator that can guide you in your maintenance (formerly known as alimony) or spousal support matter. As your lawyer, he can educate you about the laws regarding maintenance or spousal support. He works hard to aggressively defend your interests, if you are litigating maintenance or support issues in the Supreme Court or Family Courts on Long Island, Queens, or other New York City areas. When people are ready to discuss settlement, it is our pleasure to structure agreements that make sense for you and your family. Let us help you resolve your maintenance issue with your spouse.

This office has represented many husbands, wives and former spouses in cases involving maintenance in Nassau, Suffolk, Queens and the surrounding New York City areas. Whether working in the role of mediator or attorney, Darren’s years of experience and training prove to be a valuable asset. As a lawyer, Darren tries to intuit when amicable discussions make sense and when a more aggressive stance is necessary. He is available for his clients which aids in making strategies that work for each person’s situation.

People interested in discussing their questions about maintenance and spousal support are invited to call for a free initial consultation. This law and mediation office has various ways to handle maintenance cases. We can discuss the appropriate avenue for you which might be litigation, settlement discussions, separation agreements, pre or post-nuptial agreements, mediation, or collaborative law. Let us find out what approach is right for you as various options are available.

While a divorce case is not pending, spouses may pursue a spousal support award in family court. Darren can work out with you which is the right place for you to pursue your case. Maintenance orders can be made, enforced, or changed in a New York Supreme Court divorce or post-judgment divorce motion. If the Supreme Court has not reserved jurisdiction to deal with future matters involving maintenance, then the family court may deal with future matters involving maintenance including modification, contempt or enforcement cases.

The modern legal term for alimony is maintenance. There is no precise formula for what is appropriate for spousal support or permanent maintenance, rather, a court determines what is fair and reasonable on a case by case basis. Permanent maintenance, if there is any maintenance, does not mean it is forever, it usually lasts for a specified duration of time. Permanent maintenance is simply the legal term used for the maintenance that is part of the final judgment of divorce.

Although lifetime maintenance is possible, it is rare. Temporary or pendente lite maintenance is any maintenance that is ordered while a divorce case is pending. There is now a formula contained in the New York Domestic Relations Law to provide the court with presumptive guideline amounts for temporary maintenance based on income. Interestingly, there is not a presumptive guideline amount for the “permanent” or durational maintenance that is ordered at the end of a divorce case. The maintenance ordered, if any, should be based on enumerated factors which are contained in the Domestic Relations Law. There are many factors which your lawyer can argue are appropriate to be considered for a court to award or deny maintenance.

Darren has pursued and defended against maintenance applications before and after the new law came into effect. He has years of matrimonial and family law practice under his belt. Only through past experience can a lawyer obtain the wisdom to become a seasoned attorney. He cares about his clients as an attorney. He wants to help his mediating couples make the agreements that help them to move on with their lives.

Couples contemplating mediated maintenance agreements are encouraged to come to our Long Island office in Nassau County for a half hour no fee consultation. People that need an attorney should call the office for their free initial consultation.

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