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Homemaker Gets Raise and Becomes Breadwinner

As of October 12, 2010, there will now be guidelines to temporary awards of alimony/maintenance, which 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. 

For instance, if the payor's annual income is $90,000 a year, the guidelines will only result in an award if the payee's annual income is less than $60,000.  The numerical guideline is only applied to the payor's income up to $500,000 of her/his income, with a set of factors to be applied by the court to determine any additional amount of temporary maintenance on the payor's income above this $500,000 cap.  The guidelines also include protections for individuals whose annual income is less than the self-support reserve (135% of the Federal Poverty Guidelines - currently $14,620/year).   Determining the guideline amount, the court must compare two calculations of the spouses' annual incomes. For both of these calculations, any income of the payor's that exceeds $500,000 is not included.

 

Categories: Divorce
26 Century Hill Drive, Suite 201, Latham, NY 12110

Our family law attorneys and divorce lawyers provide representation throughout the capital district including Albany, Altamont, Amsterdam, Berne, Bethlehem, Brunswick, Clifton Park, Cohoes, Colonie, Coeymans, Delaware, Delmar, Duanesburg, East Greenbush, Fulton, Glens Falls, Glenville, Gloversville, Grafton, Greene, Guilderland, Hoosick, Hudson, Johnstown, Latham, Malta, Mechanicville, Menands, Montgomery, Nassau, New Scotland, Rensselaer, Rensselaerville, Rotterdam, Saratoga, Schenectady, Schoharie, Schodack, Scotia, Troy, Ulster, Voorheesville, Warren, Washington, and Watervliet.

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Address: 26 Century Hill Drive - Suite 201 - Latham, New York 12110 - Phone: 518-250-4281 - Fax: 518-250-4296