Temporary Maintenance in Divorce cases in Westchester County, NY
The New York State Appellate Division, Second Department hears appeals
taken from divorce cases arising out of Westchester County and several
other counties. In November 2012 the Appellate Division Second Department,
heard an appeal involving a husband who was ordered by the divorce court
to pay the wife temporary
maintenance (alimony) and one hundred percent of certain carrying charges of the marital residence
while the divorce was pending. The husband appealed the court's decision
and argued that the mathematical formulas set forth in the Domestic Relations
Law of New York (the law that governs divorces) were intended to cover
the temporary support needs of the "non-monied" spouse (the
spouse who does not have an income or has a substantially less income),
but not the carrying charges on a marital home. The appeals court agreed
with the husband. The court held that it is "reasonable and logical"
to view the formulas set forth in the Domestic Relations Law as covering
all the spouse's basic living expenses, including housing costs".
Therefore, the appeals court vacated the divorce court's order directing
the husband to pay both temporary maintenance to the wife and 100% of
certain carrying charges on the marital residence.
Experienced Westchester County Divorce Lawyer located in White Plains, NY
Like the divorce case discussed above, in divorce cases in Westchester
County, NY it is very common for one spouse to ask the
divorce court to direct the other spouse to pay for that spouse's financial
support while the divorce case is pending. These requests are guided by
a mathematical formula which the court often follows unless it is demonstrated
that following the mathematical guidelines would be unjust and inappropriate.
However, as discussed above, sometimes the court can misapply the law.
In the case above the court made a mistake by directing the husband to
pay temporary maintenance and the carrying charges of the marital residence
because the temporary maintenance already covers the basic living expenses
of the recipient spouse.
This is why it is vital to have an experienced Westchester County divorce
lawyer on your side if you are facing a request by your spouse to the
divorce court for maintenance. The divorce lawyers of
Riebling, Proto & Sachs, LLP located in White Plains, NY (Westchester County) have that experience
and will protect your rights by making sure that the divorce laws are
applied appropriately to your divorce case in Westchester County, NY and