How is alimony determined in NY?

Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.

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Motion
Affidavit of Defendant Spouse in Support of Motion to Amend or Strike...

Alimony Spouse Support For Disabled In Bronx

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

County:

Bronx

Control #:

US-00002BG-I

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Instant download

Description

This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Typically, the judge will take 20% of the lower-earning spouse's income and subtract that number from 30% of the higher-earning spouse's income. For example, one spouse makes $100,000, and the other makes $20,000. Thirty percent of $100,000 is $30,000, and 20% of $20,000 is $4,000.

Length of the marriage — a longer marriage can mean a greater award, particularly if the receiving spouse stayed at home and raised the children. Age and health of both parties — if a receiving spouse is in poor health or of advanced age, the award can be affected. Present and future earning capacity of both parties.

Prove your spouse is cohabiting with someone else: If you can prove that your spouse is living with someone else, you may be able to get out of paying spousal support altogether. Likewise, if you can show that your spouse can earn a reasonable living, you may be able to have your alimony payments reduced or eliminated.

New York Spousal support rules do take into account spouses who are not in the workforce full-time at the time of the divorce. Typically, they are not expected to get a job right away but neither can they refuse to work full-time and simply receive spousal support for years.

In most cases, if a spouse can work and their former spouse cannot afford to provide spousal support, the court can deny alimony. It is pertinent to note that New York is a no-fault divorce state, meaning both parties could cite fault grounds, however, it will not affect whether a spouse is granted spousal maintenance.

In New York, if a marriage lasts a long time and a spouse is old, ill or unable to support themselves, permanent alimony may be awarded.

Alimony is usually around 40% of the paying party's income. This number is different in different states and different situations. The court also looks at how much the other party makes or could make and how much they need to maintain their standard of living.

No. Alimony is unearned income, as it is not work done for, or intended to be done for, profit. Therefore, it will not impact an individuals eligibility for Social Security Disability Insurance benefits. However, it can impact eligibility for Supplemental Security Income.

SSI Benefits for Spouses But, there is no rule against both disabled spouses receiving SSI simultaneously. The maximum monthly SSI benefit for individuals in 2023 is $914. But, if both spouses receive SSI, Social Security pays them as a couple at a monthly rate of $1,371.

More info

Spousal support cases are started with a spousal support petition in Family Court. There is no filing fee in Family Court.A parent or other legally responsible adult can ask Family Court for a support order for an adult dependent that is developmentally disabled. Family Court has special clerks to help people fill out the support petition and file the case. It does not cost any money to start a case in Family Court. We help individuals seeking to obtain spousal support, as well as those who have been ordered to pay. Spousal support is an amount of money that the court orders one spouse to pay to the other spouse for his or her reasonable needs. Free Consultation - Call 800.696. The Law Department assists local and out-of-state custodial parents in establishing an order of support from non-custodial parents. Offers free civil legal advice and representation in the areas of Public Benefits, Family Law, Immigration, and Education Law.

Alimony Spouse Support For Disabled In Bronx

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FAQ

How is alimony determined in NY?

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