Queens Spousal Support Lawyer

Spousal support, also called maintenance or alimony, is a key issue that can significantly impact both parties' emotional and financial well-being after a divorce. In Queens, New York, these cases are handled in Family Court or Supreme Court, depending on the circumstances. Even in amicable divorces discussions around spousal support can become contentious. The paying spouse may feel burdened by ongoing financial obligations, while the receiving spouse faces fears of financial instability and struggles with maintaining a similar quality of life. Financial security is essential to ensuring a smooth transition post-divorce, especially if one spouse has been economically dependent during the marriage. Without sufficient support, the receiving spouse might face challenges such as affording housing or basic necessities. Because of the financial stakes involved, if you are involved in a spousal support matter, it is critical to consult an experienced Queens spousal support lawyer to navigate the complexities of the legal system, protect your financial interests, and ensure stability during this emotionally charged process.

In New York, spousal support is governed by the Domestic Relations Law (DRL). There are two types of spousal support in New York: spousal support during a marriage (also referred to as temporary maintenance) and post-divorce maintenance. Both types of support are intended to ensure that the lower-earning spouse can meet their reasonable needs after a separation or divorce.

Temporary Maintenance. Temporary maintenance is financial support provided by one spouse to the other while the divorce is ongoing. The purpose of temporary maintenance is to help the lower-earning spouse maintain financial stability during the divorce process. Temporary maintenance is calculated based on a specific formula set forth in the Domestic Relations Law.

Under DRL § 236(B)(5-a), the amount of temporary maintenance is determined by a formula that takes into account the incomes of both spouses. The formula applies a percentage to the higher-earning spouse’s income and subtracts a percentage of the lower-earning spouse’s income to arrive at the temporary maintenance award.

However, if the court finds that the formula amount is unjust or inappropriate, it may deviate from the formula and award a different amount. In making this determination, the court will consider factors such as the length of the marriage, the health of the parties, and the standard of living established during the marriage. For example, in S.G. v. P.G., No. 202938-10 (N.Y. Sup. Ct. Aug. 10, 2011), the deviated from the formula and considered several factors. The court awarded temporary spousal support, calculating that the husband must pay $2,000 per month. The calculation followed DRL §236 B (5-a), using the parties' imputed incomes—$40,000 for the wife and $125,000 for the husband. The court then considered several factors, such as the standard of living and earning capacities, before setting the support amount of $2000 per month.

Calculating temporary maintenance can be complicated since the court has the flexibility to go outside the formula and consider several factors to ensure that the payments are just. Whether you would be the paying spouse or the receiving spouse, to help ensure that your financial interests are protected, contact an experienced Queens spousal support lawyer who can help you understand the potential outcomes, navigate the complexities of the legal system, and work to secure a fair spousal support arrangement that aligns with your circumstances.

Post-Divorce Maintenance. Post-divorce maintenance, sometimes referred to as spousal support or alimony, is awarded after a divorce is finalized. The purpose of post-divorce maintenance is to allow the lower-earning spouse to become financially independent after the divorce. The duration and amount of post-divorce maintenance are determined by several factors, including the length of the marriage and the financial circumstances of both parties.

Under DRL § 236(B)(6), the court considers a variety of factors in determining the amount and duration of post-divorce maintenance. These factors include:

• The income and property of each party.
• The length of the marriage.
• The age and health of the parties.
• The present and future earning capacity of both parties.
• The standard of living established during the marriage.
• Contributions made by one party to the career or education of the other party.
• The ability of the lower-earning spouse to become self-supporting.

The court may also take into account other factors that it deems relevant in determining a fair and reasonable spousal support award. There is no set formula for determining post-divorce maintenance, so the court has discretion in making these decisions based on the unique circumstances of each case. If you are unsure about how these factors might affect your case, consult with a Queens spousal support lawyer to better understand your rights.

Note that just because spousal maintenance is requested does not mean it will be granted. In C.H. v. S.H., 950 N.Y.S.2d 490 (N.Y. Sup. Ct. 2012), the court denied the Plaintiff’s request for post-divorce maintenance after considering the statutory factors under DRL § 236(B)(6)(a). The Plaintiff, held a master’s degree in social work during the marriage, was gainfully employed and had historically shared household expenses with the Defendant. At the time of the trial, the Plaintiff was 47 years old, in good health, and did not require further education or training to maintain her employment. The court found that the Plaintiff had been self-supporting for more than five years after the parties' physical separation in 2006 and did not seek maintenance until filing her cross-motion, indicating that she had sufficient income and assets to meet her reasonable needs during that time. The court also noted that the disparity between the parties' incomes was minimal, with the Plaintiff earning $50,622.58 and the Defendant earning $53,689.64. Given this small difference and the Plaintiff’s ability to support herself, the court found an award of post-divorce maintenance unjustified.

To request spousal support in Queens, the party seeking support must file a petition in Queens County Family Court or a request for maintenance in Supreme Court. The type of court where the petition is filed depends on whether the couple is married, separated, or divorced.

Filing in Queens Family Court. If the parties are still married and living apart but have not filed for divorce, the party seeking support can file a petition for spousal support in Queens County Family Court. Family Court does not handle divorce cases, but it can issue orders for spousal support while the couple remains married.

The address of Queens County Family Court is: 151-20 Jamaica Avenue, Jamaica, NY 11432. It is located across from the Rufus King Park. Spousal support cases are started by filing a spousal support petition. There is no filing fee. After a support petition is filed, the other side must be "served" a summons, the petition, and the financial disclosure form.

The Family Court will schedule a hearing where both parties can present evidence regarding their financial circumstances and the need for spousal support. The court will then issue an order for spousal support based on the factors outlined in the Domestic Relations Law.

Filing in Queens Supreme Court. If the parties are seeking or have already obtained a divorce, the issue of spousal support will be addressed in Queens Supreme Court. A request for temporary or post-divorce maintenance can be made as part of the divorce proceedings. If temporary maintenance is awarded, it will last until the divorce is finalized. If post-divorce maintenance is awarded, it will last for a period determined by the court, based on the factors discussed above. The address of the Queens Supreme Court is: 88-11 Sutphin Boulevard, Jamaica, NY 11435.

Once a spousal support order is issued by the court, it is legally binding, and both parties are required to comply with its terms. If the paying spouse fails to make the required payments, the receiving spouse can take legal action to enforce the order.

If a spousal support order was issued by Queens County Family Court, the receiving spouse can return to Family Court to enforce the order. The receiving spouse can file a petition for enforcement, and the court will schedule a hearing to address the matter. If a spousal support order was issued as part of a divorce in Queens Supreme Court, the receiving spouse can return to Supreme Court to seek enforcement.

If the court finds that the paying spouse has willfully failed to comply with the support order, it can take various enforcement actions, including:

• Garnishing the paying spouse’s wages. NY CPLR § 5241 allows the garnishment of the paying spouse's wages to ensure payment of overdue support. A wage garnishment is also referred to as an income execution.
• Seizing the paying spouse’s tax refunds. Under New York Tax Law § 171-r, the state can intercept tax refunds to cover unpaid support.
• Suspending the paying spouse’s driver’s license. Under FCA § 458-a, the court can suspend the paying spouse’s driver’s license for willful failure to comply with support orders.
• Holding in contempt of court. The court may also hold the paying spouse in contempt under FCA § 454(3)(a), which can lead to imprisonment for non-compliance.

In some cases, a spousal support order may need to be modified due to changes in the financial circumstances of either party. Either party can petition the court to modify the support order if there is a significant change in circumstances, such as a loss of income, a change in health, or a change in the financial needs of the receiving spouse.

If the spousal support order was issued by Queens Family Court, a petition for modification must be filed in Family Court. The party seeking the modification must demonstrate that there has been a substantial change in circumstances that justifies the modification.

If the spousal support order was issued by Queens Supreme Court as part of a divorce, the request for modification must be made in Supreme Court. The court will consider the same factors used to determine the original spousal support award, as well as any changes in the financial circumstances of the parties.

One change in circumstances that may result in a modification of a support order is where the recipient spouse remarries. Once the recipient spouse remarries, the paying spouse can petition the court to terminate support, as remarriage typically indicates that the recipient no longer requires financial assistance from the former spouse. However, as experienced spousal support attorney serving Queens can explain, cohabitation may also amount to a change in financial circumstance that warrants a modification. For example, in Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015) the court concluded that spousal maintenance can be modified or terminated when the recipient spouse cohabitates and holds themselves out as economically intertwined with another person. In this case, the ex-spouse shared a residence, bedroom, household expenses, and a bank account with a new partner, which the court deemed an "economic partnership." This arrangement undermined the purpose of maintenance, which is to provide financial independence. As a result, the court suspended maintenance payments and required the wife to prove a continued need for support to avoid termination.

Spousal support is an important part of ensuring financial stability after a separation or divorce. Whether you are seeking spousal support, defending against a spousal support claim, or seeking to enforce or modify an existing support order, it is important to understand the legal process and your rights under New York law. If you are a party in a spousal support case, contact an experienced spousal support attorney serving Queens at Stephen Bilkis & Associates who can help guide you through the process and work to protect your financial interests. Contact us at 800.696.9529 to schedule a free, no-obligation consultation regarding your spousal support case.