About Jay D. Raxenberg
Not just any divorce attorney. Learn what makes Jay D. Raxenberg Long Islands choice for Divorce Law.
On October 12, 2010, New York’s no fault divorce law became effective. In addition to the “fault grounds” (i.e. adultery, abandonment, constructive abandonment or cruel and inhumane treatment) couples can now be divorce based on “irreconcilable differences for at least six months.” Additionally, there are three other important divorce law changes now in place.
First, there are new guidelines for awarding temporary maintenance in an effort to create predictability and consistency. The law states, “The temporary maintenance guidelines would only result in an award when there is an income gap between the two parties such that the less-monied spouse’s income is less than two thirds of the more monied spouse’s income. ” The actual amount of temporary maintenance awarded will be calculated by determining the lesser of a) 30% of the payor’s income minus 20% of the non-payor’s income or b) 40% of the combined income minus the non payor’s income.
Post-divorce maintenance determinations remain the same, taking into account various factors including the length of marriage, the health of the parties, the lifestyle the parties have become accustomed to, and the spouse’s current or prospective employment.
Second, a counsel fee bill provides for a rebuttable presumption that the monied spouse shall pay interim attorney’s fees to the non-monied spouse. It also authorizes the court to order expert fees to be paid by one party to the other to enable the party to carry on or defend the action.
Finally, the Family Court Act, Social Services Law, and Domestic Relations Law was amended with regards to child support. The Family Court Act and Domestic Relations law now reflect that child support may be modified upon a showing of “substantial change in circumstances.” However, incarceration will not be considered a substantial change in circumstance. Additionally, under this new legislation the court may modify child support if: a) 3 years have passed since the order was entered, last modified, or adjusted; or b) there has been a change in either party’s gross income by 15% or more since the order was last entered, modified, or adjusted. If the reduction of income was involuntary and the party has made diligent attempts to secure employment, this reduction will not be considered a ground for modification.
If you are looking to obtain a divorce or would like to reduce your child support obligations, LONG ISLAND DIVORCE ATTORNEY JAY D. RAXENBERG can help. Click here for a complimentary consultation