Posts Tagged ‘spousal maintenance’

Does Domestic Violence Affect Spousal Support?

Sunday, February 25th, 2018

It would seem logical that if during the marriage, a spouse was the victim of domestic violence, then during the divorce trial, and more specifically, when hashing out support payments, that would be a mitigating factor. And to some extent, the court usually takes into consideration the devastating effect that domestic violence can have on a person, not just emotionally and psychologically, but also in their every-day lives. For instance, the court recognizes that domestic violence can greatly affect a spouse’s ability to get a job and have a career because of the toll that domestic violence can have. The actions that a spouse commits on another can often negatively affect the other’s earning capability. Because the repercussions of spousal abuse and misconduct can have such an impact, don’t hesitate to bring it up to your attorney or in court, not only because of how it may impact spousal support, but also because it is something that should be addressed and not be brushed under the table.

While that is as far as most courts will consider domestic violence as a factor in spousal maintenance, it does have an impact on child support as well. In Family Court, a common form of relief is an Order of Protection. Not only does it help settle child custody battles, it also can include child support. While some courts initially grant a temporary order of protection, a more permanent one can be granted from one to three years.  Sometimes this order can include that the abuser pays the medical expenses for treatment that arise from the incident, as well as housing costs, and, as mentioned earlier, temporary child custody and an award of child support.

Paul E. Rudder, Esq. is a single practitioner and has been practicing family law for over three decades. Attorney Rudder started his career as a civil rights and criminal defense attorney. If you need legal assistance or want to get divorced, call 212-826-9900.

How Are Spousal Support Payments Affected By Bankruptcy?

Monday, May 15th, 2017

Obviously, it is would be difficult to make alimony payments if you are bankrupt – in fact, it makes it near impossible. As many divorcing couples know, alimony is what is known as a nondischargeable form of debt. This means that regardless of one’s financial situation, these debts are not alleviated from the debtor.

Along with alimony, child support is also a nondischargeable form of debt. So in almost all cases, spousal support payment requirements cannot and will not be negated through bankruptcy.

With that being said, there are two, and only two, situations in which alimony requirements can be eliminated. The first one is known as “Third Party Involvement”, and is very self-explanatory. Let’s say the alimony collector, through a written document, assigns their parent or close relative to be the one to initially collect it, and then subsequently has that relative pay them the alimony (ex-mother in law receives payment, then gives ex-spouse the alimony). In this case, a case can be made to eliminate the alimony payment requirements. The only other time alimony is nullified is in “Incorrect Alimony Classification”. In basic terms, if the ex-spouse that is making payments is mandated to send those payments to an affiliate of the other, a company or the like, then by definition, it is not alimony, as it is not pertaining to domestic maintenance, which is the point of alimony. Therefore, because it is not formally alimony, it can be discharged.

If you have questions regarding spousal support or alimony payments in New York, contact Paul E Rudder, Esq, an experienced and top-rated divorce attorney in New York City. Call Paul Rudder at 212-826-9900.

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Does My Spousal Support Duty End When I Retire?

Monday, April 17th, 2017

When you retire, there is the possibility that your financial circumstances will change. In some cases, social security starts coming in – replacing your current method of income. You would need to adjust your lifestyle.

Many still pay for spousal support even when they reach the point of retirement. Some wonder if they are still required to pay spousal maintenance. Unfortunately, alimony is not immediately terminated once you retire. There are many reasons that spousal support can be terminated, but unless the retirement drastically changes the retiree’s financial situation, it is unlikely that the family court will stop or reduce the current support payments required.

The way to go about attaining a modification to your current alimony plan is by presenting your new (and impactful) reduction in your income, via your new social security payments and whatever retirement funds you have saved.

In some professions, this will include a pension as well. By showing that there was a significant reduction in your salary, the judge would be more inclined to grant a reduction.

Additionally, the judge will also take into consideration your former spouse, who is receiving the alimony. Their income and expenses are equally as important as the fact that you are now retired and may have a lower income, as they might also be on the brink of retiring as well, facing similar circumstances as yourself. Without them being able to support themselves, the chances of a complete end to alimony payments are slim.

 

Related Articles:

How Long Do You Have To Pay Spousal Support?

2 Types of Alimony In New York