Temporary Child Support and Maintenance
We now offer in person or virtual consultations. Please don’t hesitate to call us if you have any questions!

Understanding Temporary Child Support and Maintenance

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

To learn more about this vital process, contact Suffolk County Divorce Lawyer Lynn Poster-Zimmerman as soon as possible.

Why temporary maintenance?

In 2010, New York State 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 evaluated, and temporary spousal support is awarded in a fair and reasonable sum. Spousal support is also commonly called “alimony” or “maintenance.” Once a divorce case is finalized, temporary maintenance terminates and post-divorce maintenance may be awarded, upon the court's discretion.

This formula is intended to provide a sense of direction and predictability in pending divorce cases. There are two ways that temporary maintenance can be calculated:

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

The temporary maintenance awarded will be whichever is the lesser of the two.

Experienced Legal Help

The New York matrimonial and family laws have changed in recent years. Not all attorneys are current on recent changes to divorce law. At Lynn Poster-Zimmerman, P.C., 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 divorce attorney will be absolutely vital if you want to succeed in reaching your goals. Lynn Poster-Zimmerman Huntington Divorce Attorney Huntington Divorce Lawyer Suffolk Family Lawyer Suffolk Divorce Attorney Suffolk County Family Attorney Suffolk Divorce Suffolk County Divorce Attorney Suffolk Family Attorney Suffolk County Divorce Lawyer Suffolk County Family Lawyer

Call Lynn Poster-Zimmerman, P.C., 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 first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to receive text messages from Lynn Poster-Zimmerman, PC at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy