Tax Implications in Divorce – Need for Trial Evidence
One of the issues that frequently comes up in divorce is cases has to do with tax implications of the divorce action. Tax issues may involve dependency exemptions, or may involve issues dealing with...
View ArticleFuture Changes to Spousal Maintenance
When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula...
View ArticleUpdate on Duration of Maintenance
When New York Legislature passed the “no-fault” divorce statute in 2010, it created a formula for calculating temporary spousal maintenance under DRL §236[B]5-a. However, it did not set forth a formula...
View ArticleStandard of Living, Diminished Income, Spousal Maintenance and Child Support
The courts in New York have had some difficulty dealing with situations were a claim of recently diminished income has been presented to the court in response to a temporary spousal support...
View ArticleTemporary Maintenance and Payment of Additional Expenses by Monied Spouse
One issue that comes up fairly often in divorce cases is the issue of whether the monied spouse who is paying temporary maintenance is also responsible for additional expenses incurred by the...
View ArticleTerminating Spousal Support Provisions After Divorce Due to Change In...
In New York, spousal support, also sometimes referred to as “alimony” or “spousal maintenance” can be granted in a divorce case to either spouse by the court pursuant to Domestic Relations Law §236....
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New York Legislature Passes New Statute Modifying Temporary and Post-Divorce...
On June 24, 2015, the New York State Senate passed Bill A7645-2015 which modified the duration and amount of temporary and post-divorce spousal maintenance. The bill passed the State Assembly on June...
View ArticleEnforcement Proceedings and Attorney Retainer
Whenever there are proceedings brought to enforce child support or spousal support awards, attorneys can issue executions against assets owned by responsible party. In M.M. v. T.M., 2015 N.Y. Slip.Op....
View ArticleNew Temporary Spousal Maintenance Provisions are Now In Effect
I have previously written about upcoming changes to New York’s spousal maintenance law. The Governor finally signed the new maintenance law, Ch.269 of the Domestic Relations Law on Friday, September...
View ArticleTemporary Spousal Maintenance and Marital Residence Expenses
One issue that keeps coming up repeatedly in appellate decisions is whether the party paying temporary spousal maintenance, can also be ordered to pay carrying costs of the marital residence. In...
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