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New York Alimony Modifications Lawyer

An Overview of Spousal Alimony in New York

Divorce cases happen frequently, and one of the former spouses often pays the other periodically or permanently as ordered by the New York family law. The amount spent depends on the estimated amount of the agreement between the two parties. Periodic alimony is established where the spouse remains ordered to pay a dependent spouse for a specified period, while permanent alimony is where the spouse supports until the other remarries or dies.

Alimony Modifications and Legal Considerations

There sometimes exist some situations where the alimony modifications occur between couples or child safekeeping or alterations to the child support agreement. Concerning such improvements, it is recommended that you contact a professional New York modifications attorney to give details on the considerations the court may put in place to decide whether changes are necessary. Modifying alimony can only be viable with legal justifications and partners who will ensure that any support order is similarly hand in hand with New York Domestic Relations Law and your financial status.

Legal Actions on Spousal Alimony Payment

Divorce trials may end up with either party requesting alimony. Under Article 13, section 236, New York Domestic Relations law suggests that a court has the right to determine support payments from a supporting spouse to a dependent spouse. More so, either party has a right to file a petition to oppose or request more pay from a dependent or a supporting spouse, respectively.

Laws Governing Family Rights

There exist laws that govern the legal systems of New York under family rights. In cases of divorce and problems of children adoption or assets or business division between couples, these laws under legal justifications support each spouse. New York family laws involve NY Adoption Laws, NY Stalking Laws, NY Protective Order Laws, and many others. Other law articles also explain family laws more, guaranteeing total protection of family rights.

Reasons for Alimony Order Changes

The increase, decrease or termination of alimony payments can get done under New York Law for personal or medical or child upkeep financials. Some of the reasons are:

  • Retirements
  • Remarriage of the dependent spouse
  • Increase in cost of living
  • Increase or decrease in the supporting spouse’s salary or income
  • Financial tragedies from either party

Attorney’s Support in Solving Family Cases

Petitioning an alimony payment modification may not seem simple for the court to justify the ruling; it requires professional attorneys to get you through. Qualified attorneys will represent you in calling or responding to a modification, making the case much more efficient. Again, attorneys can serve you even if you stay outside New York State but have a pending case in New York courts. Furthermore, you may not need to travel to New York for the hearing or testify as you can do all that through the telephone while esteemed attorneys do all that for you.

As an attorney under family law, divorce or matrimonial cases, complex issues such as alimony or child custody problems can get pushed to court, and he or she will help you through it. Furthermore, an attorney may just solve these matters without requiring court hearings.

Christine Twomey
Christine Twomey
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
Very professional, very transparent, over all a great experience
Bee L
Bee L
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Also, family attorneys give suggestions outside the court in different ways in which situations, such as alimony payment or modifications, can get done. More often, the attorneys fight for justice for their clients in court, for instance, contesting for a ruling to remain as periodic or permanent alimony. An attorney, regarding financials, may advise couples on safeguarding their child when they break up or solve childcare disputes legally, creating a level field that may hasten the court trial. With that done, the attorney will have taken a significant step in family law.

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During a divorce, one spouse can request the other to pay alimony, also known as spousal maintenance.

Alimony is paid by the spouse who earns a greater income and for the benefit of the spouse who earns little or no income. In many cases, spousal maintenance is limited to a fixed duration. There are several factors that the court will consider before ordering a spouse to pay alimony. If you are in the process of filing for divorce, or if your spouse wants to divorce you, contact a New York durational alimony lawyer to determine your legal options and to help you secure an order that represents your financial situation.

What Factors Are Considered When Granting Alimony?

When deciding whether to issue an order for spousal support, the judge will consider the needs of the spouse petitioning for support and whether the other spouse is financially capable of providing financial assistance. The court will also consider the following factors:

  • How old each spouse is and their current health status
  • The earning potential of the parties (both current and future)
  • Whether taking care of children prevented one spouse from earning
  • The need for one spouse to pay for training or education costs
  • The duration of the marriage
  • The contributions that one spouse has made as a homemaker in an effort to improve the other spouse’s earning potential
  • Whether the actions of one spouse have prevented or continue to prevent the other spouse from obtaining employment. For example, in cases of domestic violence, if one spouse’s abuse towards the other affected the victim’s ability to secure a job, the court will take this matter into consideration when issuing a support order.
  • Equal division of marital property

What is the Difference Between Durational and Non-Durational Alimony?

If the court orders the supporting spouse to pay alimony to the dependent spouse for a fixed duration of time, this type of support is durational alimony. However, if the court orders the supporting spouse to pay alimony to the dependent spouse for the rest of their life, this type of support is non-durational alimony.

Since the purpose of spousal maintenance or alimony is to help the dependent spouse get training or transition to a new career, or take any other steps to be self-sufficient, it is usually durational. The main exception is when the marriage lasted for a long time and the dependent spouse is old, ill, or incapable of eking out a living. In such circumstances, the judge will order non-durational support.

How Long Does Durational Alimony Last?

When determining the length of time for durational alimony, the court will consider several factors including the needs of the dependant spouse and the ability of the supporting spouse to pay. The court will also determine the cost of caring for any children that the two parties share. Typically, durational alimony cannot last longer than the duration of the couple’s marriage.

In special circumstances, the court may modify the terms of a durational alimony order. This applies to situations where the dependant gets a well paying job, or where the supporting spouse loses their job. In such cases, the court may either reduce the support payments or withdraw the support order.

The Take Away

If you are facing a divorce and are concerned about your financial situation after the divorce is finalized, you need to petition the court to order your spouse to pay durational alimony. Durational alimony is meant to help you get on your feet and become financially independent. Consult a New York durational alimony lawyer to help you secure a spousal support order that is consistent with your financial needs.


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