Spousal Support Lawyer in Dutchess County
Helping You Navigate Spousal Support & Alimony in New York
Family law issues involving children, money, and property can be marred by harmful allegations and tense arguments. It is ideal to go through a divorce in the most amicable and non-confrontational manner as possible, but doing so is not always possible. We are able to help our clients prevail using our tough negotiation skills and we are not afraid to try your case in court aggressively.
As some of Dutchess County's leading family law attorneys, we have handled complex spousal support cases and related matters with precision and skill. We have represented high net worth families and resolved contested and uncontested divorce cases with fervor and tenacity, making certain that all of our clients have been protected fully every step of the way.
Types of Spousal Support in NY
Spousal support, also known as spousal maintenance or alimony, of which there are two types, temporary and permanent, requires the higher-earning spouse to pay support to the lower-earning spouse.
- Temporary maintenance is to be used during the time when a divorce proceeding has not yet been finalized.
- You can also file for permanent spousal maintenance which can be awarded post-divorce judgment.
How Do the Courts Determine Spousal Support in New York?
When determining the need for spousal support, the court may consider the following:
- The income and property of both spouses
- The length of the marriage
- The age, health, and fitness of both spouses
- How much both spouses can earn for a living
- The educational level of both spouses
How Long Does Spousal Support Last?
As of January 2016, the advisory schedule for the length of spousal support is the following:
- For marriages up to 15 years, maintenance is expected to last for 15% - 30% of the length of the marriage.
- For marriages 15 - 20 years, maintenance is expected to last for 30% - 40% of the length of the marriage.
- For marriages 20 years or more, maintenance is expected to last 35% - 50% of the length of the marriage.
When life changes, your spousal support may need to change as well. An amount that once seemed fair may not be enough now, or it could be too much to continue. Don’t worry – you may have the ability to change your current situation.
What if My Spouse Refuses to Pay?
Spousal support will be a tremendous financial responsibility for both payee and payor, and it is crucial to realize the importance of adhering to a support agreement. Failing to pay a monthly support obligation can jeopardize the ability for your former spouse to provide for your children and could have both civil and criminal repercussions, including a lawsuit or even a bench warrant for arrest.
Common Reasons to Modify Your Spousal Support Order
Circumstances may have changed since the courts first ordered you to pay spousal support. In which case, you may want to pursue a spousal support modification order to make the payments more fair.
Common reasons to request modification include:
- The paying partner endures a loss of employment or pay cut
- The paying partner experiences a sudden illness or financial hardship
- The receiving spouse remarries or is living with a new partner
- The receiving spouse is now able to support themselves
Steps to Take to Petition a Change in Spousal Support:
- Contact a Spousal Support Lawyer: When looking to petition a change in spousal support, it is important to have the proper legal representation. A divorce attorney can analyze your situation and help you develop the strongest case for your modification. Additionally, your attorney can save you time by helping you file the proper paperwork and negotiating your petition with your ex-partner prior to meeting in court.
- Present Reason to Request a Change in Spousal Support: Once at the hearing, you and your attorney will present your case to the judge. Depending on the situation, you may argue that you are no longer financially able to make payments or claim that your ex-partner no longer needs the payments.
If the judge feels there is good reason, they will modify or terminate the current spousal support agreement.
We Work Toward Fair Resolutions. Call Our Spousal Support Lawyer Today!
When it comes to spousal support, consulting a legal professional will be a critical step in obtaining a fair spousal support order. If the court steps in and orders spousal support to be paid, the court order could pose a significant financial burden on a payor, especially if the payor was expecting a different outcome. Having represented many men and women throughout Dutchess County, Beacon, and other areas in New York, we know how to protect your rights and seek a fair resolution.
Contact our office by calling (845) 605-4330 today to speak with our proficient spousal support lawyers or schedule a consultation to learn more about your legal options at this time.
CLIENT TESTIMONIALS
READ WHAT PAST CLIENTS HAD TO SAY
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"Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period"Unfortunately some of the hardest times in our lives we need an attorney to help guide us through such emotional and uncertain and scary period. Choosing the best attorney can take away some of the fear and anxiety Dennis and his absolutely amazing team have held my hand and calmed my nerves on more than one occasion Stacey is always on the other end of the phone to reassure me that it is a process and it will be ok.I have found such comfort in Dennis his knowledge and strong confidence that he and his team have it all under control allows me to focus on myself and my children while they handle my case. I highly recommend this firm!- Jennifer Garofolo
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"I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband."
I am extremely thankful for having received the best representation from my attorney Kristen D. Farris for a temporary order of protection case against my soon to be ex-husband. Everything went so smooth with her amazing expertise and professionalism. In the court, she took charge right away and everything was just so well. I was so relieved! The outcome of the case was perfect and the case settled without any issues. I had no chance to stress! Finally, the office staff was so friendly and the communication, which was mostly through e-mail, was perfect. I am looking forward to working with Kristen with the next steps of getting a divorce. God answered my prayer when I asked for a great attorney :) I was so nervous but thankfully everything went so well!!!
- Rosa Gonzalez -
"Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms."
Kristen and Erika were wonderful to work with. Very professional, yet compassionate. They thoroughly explained everything in understandable terms. Both Kristen and Erika were prompt in all communications and kept me informed throughout.
- Rebecca T. -
"Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney."
Tough, gracious, generous, and committed describe Kristen’s qualities as my attorney. And much thanks to the paralegal team as well. Their combined experience provided prompt support whenever I had any questions and helped talk me through my situation and to provide clarity. I can’t thank Kristen and her team enough for the all hard work and kindness through the process.
- T. Curtis-Verderosa -
"Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law."
Christal Prinz is OUTSTANDING! She has compassion and a wealth of knowledge about the law. She has a good common-sense approach as well. It was a delight to work with her considering the circumstances and nuances of my case and the law.
- A.P. -
"I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear."
I am so thankful I found this law office to handle my divorce. Kristen was a pleasure to deal with and handled my divorce flawlessly. Communication was always very fast, and always very clear. I highly recommend! Couldn’t have been handled better. Thank you.
- Claudia Franciosa -
"The guidance and knowledge they provided was immeasurable."I am so grateful for the wonderful team that assisted me through one of the most difficult times of my life. The guidance and knowledge they provided was immeasurable.- Jessica Conklin
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"I am happy to recommend DRV Law and Kristen F. specifically. As a father divorcing an intractable and vengeful spouse, I was terrified of how the court would treat a father vs a mother, as well as of how my ex could muddy and delay the process."I am happy to recommend DRV Law and Kristen F. specifically. As a father divorcing an intractable and vengeful spouse, I was terrified of how the court would treat a father vs a mother, as well as of how my ex could muddy and delay the process. And all in the midst of a pandemic that made everything more complicated. Kristen and her team’s legal advice was consistently spot on, the office’s communication was regular and helpful, and their billing was fair and understandable. You won’t be disappointed in them!- A.B.