New York State's Temporary Spousal Support has changed

Spousal maintenance or alimony as it is commonly known has had some loopholes for many years. Often times, as long as an ex was awarded alimony and never remarried and cannot afford to live as comfortably as when they were married, the support payments can continue almost indefinitely.

New York State Governor Cuomo has signed a bill into law that attempts to amend this often controversial system so that it may be more temporary and fair. The bill does so by setting up a formula for judges to follow when ruling on divorce cases, rather than giving them ability to rule at their discretion.

Bill A-7645 brings about several changes, primarily lowering income caps to $175,000 from $543,000. Additionally, the major changes appear in the area of "Duration of marriage" Spousal support will now only last an amount of time directly related to the length of the marriage. The shorter you and your ex-spouse were married, the shorter the duration of maintenance. For example, if your marriage lasted five years, you might only need to pay alimony for as little as nine months, depending on the situation. This frees people caught in the perpetual monthly cycle of providing money to someone they might be trying to otherwise forget about and move on.

Also the big change comes to "Enhanced earnings". To reduce the level of payment that must be made to ex-spouses, the bill also calls for the elimination of enhanced earning potential from marital property. This means that increases to your salary due to your advanced education or certifications is more likely to stay in your own pocket.


Spousal support is not a straightforward system, If you are going through a divorce and need help with spousal maintenance or any other aspect of the process, call (888) 501-3292 to speak with a New York City divorce attorney from Law Offices of Mindin & Mindin, P.C. 

New York Appellate Court reverses Private School support payment.

In the decision titled Michael J.D. v Carolina E.P., the Appellate Division, First Department, reviewed a 2012 child support award that originally ordered the father to pay 100 percent of his child's tuition at a prestigious and very expensive private school in New York City.

The Appellate Division stated that while a parent can be ordered to pay his or her child's educational expenses, the court must first examine the circumstances of the case, the circumstances of the parties involved, the child's best interests and the "requirement of justice."

In this case, the appellate court noted that no reasons were offered back in 2012 for why the father should pay for private school, other than informal discussions between the father and mother about the child's future. These conversations took place when the child was only a few months old, meaning he was not close enough in age for a discussion regarding his schooling. The parents were not married or even living together when child was born. Taken together, the court determined there was no "justifiable basis" to make the father pay private school tuition.

Every child support case is different. In fact, just because the court said the father is not required to pay school tuition in this instance does not mean it won't order it in another case - it all depends on the circumstances. Before you agree with your child's mother or father regarding something as important as school, contact an attorney at Law Offices of Mindin & Mindin, P.C. at 888-501-3292.