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.

What is the formula for spousal support in New York state?

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.

How to calculate spousal support 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.

What are the formulas for alimony?

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

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

Alimony Spouse Support For Divorced In New York

Category:

Family Law - Divorce - Affidavits

State:

Multi-State

Control #:

US-00002BG-I

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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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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.

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 New York, spousal support/ maintenance is determined by a guideline calculator based upon the income of the two parties and the length of their marriage. The Court is allowed to deviate from the guideline amount based on a number of potential rebuttal factors, however, such deviations are rare.

The guideline states that the paying spouse's support be presumptively 40% of his or her net monthly income, reduced by one-half of the receiving spouse's net monthly income. If child support is an issue, spousal support is calculated after child support is calculated.

More info

Spousal support cases are started with a spousal support petition in Family Court. There is no filing fee in Family Court.In a New York divorce, spousal support is called "maintenance". These forms and instructions are available in the General Clerk's Office, Room 108, in the Nassau County. A spouse can file a petition in New York Family Court for the other spouse to pay spousal support even if they have not yet filed for divorce. If you and your spouse get divorced in the future, the Spousal Support order will stop once you are divorced. You can get Spousal Support through Family Court. 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. This support is a payment from one spouse to the other after the court finalizes the divorce.

Alimony Spouse Support For Divorced In New York

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How is alimony determined in NY?

What are the grounds for alimony in NY?

What is a non-working spouse entitled to in a divorce in NY?

What is the formula for spousal support in New York state?

How does spousal support work in NY?

How to calculate spousal support in NY?

What are the formulas for alimony?

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