Temporary Maintenance in Westchester County, New York

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 Proto, Sachs & Brown, 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 surrounding counties.