In this interview, Fort Lauderdale family lawyer Kristen Gross discusses the intricacies behind family law in Florida, including child support, timesharing, and more.
Alimony and Spousal Support
WATCH: Divorce in Florida – A Conversation With Family Lawyer Kristen Gross
In this interview, Fort Lauderdale family lawyer Kristen Gross discusses the intricacies behind family law in Florida, including child support, timesharing, and more.
Can spousal support payments be increased in New York?
Can spousal support payments be increased in New York? Yes. With respect to child and spousal support payments, both parties are entitled to revisit support. If either party’s income changes by 15% or more, it can go up or down. This means that the recipient of maintenance may seek an award of an upward modification […]
If circumstances call for it, can someone paying spousal support apply to have it reduced?
Yes, reducing spousal support payments is possible. In any New York divorce proceeding resolved after 2010 the payer of child support may apply for a reduction in support if his or her income is reduced by 15% or more, or three years have elapsed since the payments began. Or there’s a substantial change in circumstances […]
Should a wealthy person pay maintenance in a lump sum or make monthly support payments?
When a wealthy spouse makes a lump sum payment to the non-moneyed, it’s paid as what’s called a distributive award. Distributive award has no tax consequences for either party. One of the more useful tools in resolving support related issues is the tax deduction benefit available to a spouse making a stream of maintenance payments […]
What factors do the courts consider when setting spousal maintenance?
The court considers the practical needs and responsibilities of each party moving forward. For example if the parties have young children and the custodial parent cannot re-enter the workforce without additional school or training, the duration of maintenance may exceed guidelines. Conversely if the non-moneyed spouse has the training and ability to work, income may […]
How does the new spousal maintenance law in New York work?
The New York state legislature has created a default formula for courts to use as a guideline when calculating the amount and the duration of spousal maintenance. This statutory formula takes into consideration the incomes of each spouse and the duration of the marriage. Actually there are two different formulas, one for the situation where […]
Is alimony, spousal support, and maintenance the same thing in New York?
Yes. Maintenance, spousal support, or alimony all refer to payments made by one spouse to the other either during or after a divorce to assist with their living expenses. In New York State the domestic relations law refers to all monetary support paid by one spouse to the other spouse incident to a divorce as […]
If one spouse drags out the divorce process, can the other spouse refuse to pay spousal support?
Assuming that spousal support is being paid during dependency of a family law action by court order – and again, that’s either an order that’s initiated by the court after listening to evidence, or it’s an order that’s based upon a signed agreement of the parties. No spouse can engage in self-help and say, “I […]
What happens to spousal support when a payor’s income plummets, or they quit their high earning job?
The courts won’t accept an artificial reduction in income as a basis upon which to decide future support obligations of one spouse to another. Most courts are pretty sophisticated in being able to spot that. And if that is one spouse’s divorce planning, if that be the goal of a high-income spouse, that goal being […]
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