Understanding Temporary Child Support and Maintenance

Divorce is rarely an easy task and when you have children with your spouse; the process becomes far more complex. Naturally, as a parent the needs of your children need to be met whether you are still in a relationship with your spouse or not. Fortunately, the family courts recognize this fact and in order to ensure that children of divorce don't economically suffer during the dissolution of their parent's marriage, the court may award temporary child support and/or temporary maintenance until the marriage is officially dissolved.

To learn more about this vital process, contact our office as soon as possible.

Why temporary maintenance?

Effective October 13, 2010, New York State had adopted a new formula for awarding temporary spousal maintenance in a divorce. Temporary maintenance is monetary support paid by the higher earning spouse to the lower earning spouse during the time period that their divorce case is pending. In each case, each individual's circumstances are duly evaluated and temporary spousal support is awarded in a fair and reasonable sum. Many people commonly refer to temporary maintenance as alimony; however, in New York State it is technically called maintenance. Once a divorce case is finalized, temporary maintenance terminates and post-divorce maintenance may be awarded, upon the court's discretion.

The new formula is intended to provide a sense of direction and predictability in pending divorce cases. There are two ways that temporary maintenance is calculated and the temporary maintenance awarded will be whichever is the lesser of the two.

  • 40% of combined income less payee's income; or
  • 30% of payor's income less 20% of payee's income.

Under the new formula, the length or duration of the marriage is not taken into account; therefore, someone who was married for ten or fifteen years could wind up receiving the same amount of temporary maintenance as someone who was only married for a couple of years.

Experienced Legal Help

The New York matrimonial and family laws have been changing in recent years. Not all attorneys are current on recent changes to divorce law. At the Law Office of Lynn Poster-Zimmerman, PC, the firm understands how important it is to be aware of all recent changes in family law so that clients can have the greatest advantage in their legal proceedings. Child support can be awarded in New York state in virtually any type of situation or relationship, whether the parents never wed, are separated, living together or even still married.

Without full knowledge of their legal rights, some parents may fail to seek child support when they are legally eligible to receive it. Furthermore, temporary maintenance can have an important impact on if and how maintenance is awarded in a divorce; therefore, having a skilled and knowledgeable Suffolk County child and spousal support attorney will be absolutely vital if you want to succeed in reaching your goals.

Call our firm today at at (631) 731-1042 for a free consultation!

Request Your Initial Consultation

When it comes to issues involving your marriage, children, or any family problem it can be both emotionally and physically trying. Our firm is prepared to assist you the best way we can, so fill out the form below or call us at (631) 731-1042.

    • Please enter your name.
    • This isn't a valid phone number.
      Please enter your phone number.
    • This isn't a valid email address.
      Please enter your email address.
    • Please make a selection.
    • Please enter a message.
Put Us On Your Side