Spousal Support

Published on: November 13, 2024

Olga P. v. Ioannis Y. 182 A.D.3d 447 (N.Y. App. Div. 2020)

by Stephen Bilkis

Navigating the complexities of family law, especially during a marital dissolution involving custody, support, and family offenses, requires a deep understanding of legal procedures and judicial discretion. In a series of decisions spanning from late 2018 to mid-2019 by various judges and courts in New York County, a marital dispute involving these issues provides a profound illustration of the intricacies of family and supreme court interactions.

Background Facts

On November 27, 2018the Supreme Court of New York County appointed a guardian ad litem for the wife , recognizing her deteriorating mental health which compromised her capacity to engage effectively in her legal defense and proceedings. This appointment was pivotal, given the wife’s previously demonstrated difficulties in managing the discovery process, which led to the necessity of supervised discovery overseen by a Special Referee.

Published on: November 13, 2024

Calculating spousal maintenance. AW v PW 2022 NY Slip Op 51177(U)

by Stephen Bilkis

In AW v PW, 2022 NY Slip Op 51177(U) the court was tasked with determining spousal support and child support amounts pendente lite, amidst a divorce proceeding initiated by the Plaintiff in December 2020.

“Pendente lite” is a Latin term meaning “pending the litigation.” Pendente lite spousal and child support refer to temporary financial support orders issued by a court during the course of divorce or family law proceedings. When determining temporary support in New York, courts consider several factors, including each party’s income and financial resources, the marital standard of living, the needs of the children, and any exceptional expenses. They also review financial affidavits detailing both spouses’ incomes, expenses, assets, and liabilities. The goal is to maintain the status quo and prevent financial hardship for the lower-income spouse and children pending the final resolution of the divorce proceedings.

Background Facts

Published on: October 10, 2024

Court finds that cohabitation is enough to terminate spousal maintenance payments. Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015)

by Stephen Bilkis

In Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015), the Supreme Court, Monroe County, addressed the termination of spousal maintenance payments, specifically revisiting the standards for terminating maintenance in the absence of remarriage. The issue arose under Section 248 of the Domestic Relations Law (DRL), a provision that outlines when maintenance payments can be modified or terminated. The court had to determine whether a former spouse cohabitating with another person, but not remarried, could be grounds for terminating maintenance.

Background Facts

In this case, the husband and wife were in the process of a divorce, with maintenance payments ordered at the outset due to a significant disparity in their incomes. While the divorce proceedings continued, the husband filed a motion to terminate the maintenance payments. He argued that his wife, though not remarried, had entered into a relationship with another man and had engaged in behaviors that were akin to a marriage.

Published on: September 30, 2024

Court imputed income to nonworking mother. Remsen v. Remsen, 2021 N.Y. Slip Op. 5342 (N.Y. Sup. Ct. 2021)

by Stephen Bilkis

In a recent case before the Family Court, Westchester County, a mother appealed an order denying her objections to a prior decision that directed the father to pay child support and spousal support. The court’s decision was based on imputing income to the mother.

Imputed income refers to the assignment of income to a parent for the purpose of calculating child support obligations, even if that parent does not currently earn that income. This legal concept is applied when the court believes that a parent has the capacity to earn more income than they are currently earning or reporting.

In child support proceedings, imputed income typically arises when one parent alleges that the other parent is voluntarily unemployed or underemployed to avoid or reduce their child support obligations. The court may impute income to the parent based on their earning capacity rather than their actual income. This ensures that the child’s financial needs are adequately met, regardless of the parent’s employment status or reported income.

Published on: September 2, 2024

Does spousal support obligation survive death? Dean v. Dean, 67 Misc. 3d 325 (N.Y. Sup. Ct. 2020)

by Stephen Bilkis

In Dean v. Dean, 67 Misc. 3d 325 (N.Y. Sup. Ct. 2020), the Supreme Court, Monroe County, considered whether a spousal support order survived the death of the payee spouse. In other words, the court considered whether during a divorce proceeding, the payor spouse was required to continue to pay support to the estate of their deceased spouse. This is an issue that most people may not think about during the divorce process.

Background Facts

The legal proceedings began with a divorce claim initiated by a wife. However, the wife passed away during the process due to severe health issues while confined to a nursing home. Consequently, the divorce action was converted into a spousal support proceeding under Article 4 of the Family Court Act.

Published on: August 14, 2024

Petition to terminate spousal maintenance. Makris v. Makris 179 A.D.3d 694 (N.Y. App. Div. 2020)

by Stephen Bilkis

Makris v. Makris, 179 A.D.3d 694 (N.Y. App. Div. 2020) is about divorce and maintenance obligations. Spousal maintenance in New York can be terminated under specific conditions defined by state law. One such circumstance is if the recipient spouse remarries, as the obligation to pay maintenance typically ceases upon remarriage. Similarly, the death of either the paying or receiving spouse automatically terminates the maintenance obligation.

Another scenario for termination is if it can be demonstrated that the recipient spouse is self-sufficient or no longer requires financial support. This could result from a significant increase in the recipient spouse’s income or assets, rendering them financially independent. Conversely, if the paying spouse experiences a substantial decrease in income or faces financial hardship, they may petition the court to terminate or modify the maintenance obligation.

Additionally, if there is a significant change in circumstances since the maintenance order was issued, such as a disability affecting either spouse’s ability to work, the court may consider terminating or modifying the maintenance arrangement. Cohabitation by the recipient spouse with a new partner in a relationship similar to marriage may also prompt termination of maintenance, as it suggests the recipient no longer requires financial support.

Published on: July 31, 2024

Family Court’s authority to modify settlement agreements. Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022)

by Stephen Bilkis

In Deborah K. v. Richard K., 203 A.D.3d 433 (N.Y. App. Div. 2022), a father appealed an order regarding child support and spousal support payments. The court’s decision, entered on March 6, 2020, addressed objections raised by both parties regarding previous orders issued by a Support Magistrate.

Background Facts

In the case before the Family Court of New York County, the dispute stemmed from a stipulation of settlement agreement entered into by the parties on February 26, 2013. A stipulation of settlement agreement in New York is a legal document that outlines the terms and conditions agreed upon by parties involved in a legal dispute, typically in the context of a divorce or family law matter. It serves as a formal agreement reached through negotiation or mediation, whereby the parties agree to resolve their differences and settle their legal issues outside of court.

Published on: June 24, 2024

Husband challenges Support Magistrate’s order to pay spousal support. Young v. Young, 186 A.D.3d 719 (N.Y. App. Div. 2020

by Stephen Bilkis

In Young v. Young, 186 A.D.3d 719 (N.Y. App. Div. 2020, the Appellate Division consider a case where a husband challenges having to pay his spouse support.

In New York, the Family Court determines spousal support during divorce proceedings by carefully considering various factors related to the financial circumstances of both parties. The court follows a discretionary standard outlined in the relevant statute, typically Family Court Act § 412. This statute mandates that a married person is responsible for supporting their spouse, and the court has the authority to determine a fair and reasonable amount based on the respective circumstances of each party.

Key factors considered by the court include the duration of the marriage, the financial means of both spouses, and each party’s need to maintain a suitable standard of living post-divorce. The court assesses the payor spouse’s ability to provide support while still meeting their own financial obligations. Similarly, it evaluates the payee spouse’s need for financial assistance and their capacity to become self-supporting in the future.

Published on: May 20, 2024

Spousal support claims abates upon the death of either party. Bomer v. Dean, 195 A.D.3d 1518 (N.Y. App. Div. 2021)

by Stephen Bilkis

Abatement is the act of reducing or nullifying something. There are several different types of abatement. For example, when it comes to a testamentary gift, abatement refers to the reduction in the value of a specific bequest due to insufficient funds in the estate to fulfill all bequests proportionately.

In the context of divorce or family law, abatement upon death refers to the termination or nullification of certain legal actions or claims following the death of one of the parties involved. In Bomer v. Dean, 195 A.D.3d 1518 (N.Y. App. Div. 2021), the New York court considered the issue of the abatement of divorce actions upon the death of a party involved.

Background Facts

Published on: September 28, 2022

In a maintenance determination, what amount of earnings is necessary to enable the recipient to become self-supporting? Lorenz v. Lorenz, 881 N.Y.S.2d 208 (N.Y. App. Div. 2009)

by Stephen Bilkis

In divorce cases, the primary purpose of awarding one party to pay another party maintenance is to provide the receiving party temporary financial support to give them time to become self-sufficient. During the support period, the receiving party is expected to finish school or complete other training so that they would have the skills necessary to get a job and support themselves. In Lorenz v. Lorenz, Supreme Court of New York, Appellate Division, was asked to the amount of time and amount of money is necessary to help enable the receiving party to become self-sufficient.

Background

Defendant William Lorenz and Plaintiff Pamela Lorenz were married for 33 years. Pamela filed a petition for divorce. Both parties were 54 years of age. At the time of the divorce, Williams’s income was over $100,000, and Pamela’s income was $20,000. William was in good health, but Pamela had back problems that affected her work as a hairdresser. The Supreme Court of New York, taking into account the couple’s standard of living prior to divorce, awarded Pamela $500 per week in maintenance from William until such time as Pamela can draw full Social Security benefits, apparently when she becomes 66. William appealed.