divorce lawyer in Huntington

My Spouse Has a Job but Hasn’t Paid Spousal Support. Now What?

Divorce can be one of the most emotionally trying processes for a person to go through. On top of the emotional distress is the issue of finding a divorce lawyer in Huntington and dealing with spousal support. A common misconception of spousal support is that it is solely post-divorce, when in reality that is not the case. Let us break it down for you:

  • Spousal support, by definition, is financial assistance that recognizes a partner’s contribution to the marriage and helps the recipient achieve financial independence. Some other ways you may hear spousal support referred to are
    • Alimony
    • Spousal maintenance

It is crucial to recognize that spousal support laws vary from state to state. This means that policies in New York may not be the same as they are in California, Florida, or even nearby states like Connecticut. As a divorce lawyer in Huntington, we abide by and understand the New York state laws.

For the sake of this blog, we will focus on the spousal support policies in New York. We use the term spousal support, however, it is important to note that the most common term for the same concept in New York is actually spousal maintenance. Some important factors to note:

  • The maximum of the payor’s income that is allotted to the maintenance formula is $175,000. Any amounts above this must be to the court’s discretion.
  • In the case that child support will be paid, maintenance will be paid first and then child support is then calculated.
  • If your spouse cheats on you, that does not grant you automatic custody. The degree to which your cheating affected your child(ren) directly will determine custody battles.

Some Issues That May Arise

  • Often times, spouses do not pay their spousal support. This could be because of several reasons, but it is a serious crime in any case. The punishment for this action could be a charge known as Contempt of Court, which can result in jail time.
  • If you experience a change in income or any other circumstances that may affect your ability to pay spousal support, it is so important to modify your order. This can get you out of a lot of trouble and keep you on top of your expenses.

How We Can Help

Simonetti & Associates gives you access to a divorce lawyer in Huntington. Each year since 2014, we have been voted the Best Divorce Lawyer by the Bethpage Federal Credit Union. We understand that you don’t want to spend all of your money on divorce, despite the size of your paycheck. We strive to provide high-quality legal representation while synonymously keeping your legal costs at the minimum. Contact Us to get started!