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Spousal Support Lawyer Albany NY
Spousal support is a complex legal matter. Getting the right agreement includes going through several negotiations between people who are now former partners, and it's easy to get an unfair deal.
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The best way to keep this issue from happening is for the parties to get the right lawyers to handle the situation. That way, they can both get what they deserve. Anyone looking for help with a spousal support case in Albany, NY, can call Divorce & Family Legal, LLC.
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This law firm handles all kinds of family and matrimonial-related legal matters. The lawyers working in this company are experienced when it comes to spousal support cases and are willing to do everything needed to get their clients a fair settlement.
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People only need to call Divorce & Family Legal, LLC at (518) 992-5924 to schedule a free consultation with one of its legal experts. There, they will discuss the details of the case and the legal strategy they should try.
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This page has more information about how spousal support works in New York and how Divorce & Family Legal, LLC can help people in this situation. However, for more information about how the whole process will go, it's better for clients to contact the firm directly.
Does Spousal Maintenance Affect Child Support?
While spousal and child support are different legal matters, the truth is one could affect the other. If, for example, one of the parties receives spousal maintenance, they will have more resources to contribute to child support.
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The same happens when a parent pays for temporary maintenance. Judges could consider that and ask for less money for child support and related matters.
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Apart from child support, the compliance the paying spouse has with alimony payments could help them in a custody dispute. If they, on the other hand, don't pay their former partner what the court stated, it may not trust them with the custody of their children.
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Regardless of that, it's important to understand that, on a basic basis, these are unique legal obligations that are calculated differently. Hence, they don't depend on each other.
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It's ideal for clients going through different family law matters, such as a divorce, child support, and spousal maintenance case to hire the same lawyer to handle all of them. They will study their situation thoroughly and act accordingly.
Understanding How Spousal Support Works in New York
The first thing people need to understand about spousal support in New York is what that concept means. In a nutshell, it refers to the financial agreement where one spouse pays the other a specific amount of money periodically after divorce or separation.
When a family court orders one spouse to pay alimony to the other, the amount of money, duration of the temporary maintenance, and frequency of those payments depend on specific factors. Some of them are the length of the marriage, standard of living, and earning capacity of both parties.
Most Common Spousal Support Disputes
Regardless of the situation, alimony lawyers can address different kinds of spousal support disputes. They often come from misunderstandings or conflicts of interest between both parties.
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The problem with these disputes is that if the supported spouse, for example, shows the deal they had wasn't fair or enough, they could ask for more. If the spousal support order the other party gets doesn't fit their future earning capacity, they could fail to comply with it and face more legal problems.
Hence, people must hire a good family law lawyer who can address any situation skillfully. These are a few of the most common spousal support disputes:
Financial Needs
Not everyone has the same financial needs. Hence, the divorce lawyer or family law attorney must keep that into account to make a fair claim for their client. Naturally, the court won't give unreasonable temporary spousal support unless there's blatant proof that the supported party needs it.
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People need to keep in mind that post-divorce maintenance could depend on the terms of the previous divorce agreement between both parties. If they state anything related to that, they would have to take that settlement into account.
Medical insurance, education, or training expenses count as financial needs. How much alimony should people get? It depends on their specific situation.
Earning Capacity
The earning capacity both spouses have is an essential factor to determine who should pay for maintenance and how much they should give for it. Family courts shouldn't ask people to give more to their spouses than what they actually make.
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External factors, such as paying child support or the distribution of marital property, could alter the earning capacity of one of the spouses in the future. Judges also consider the chances both parties have to obtain meaningful employment opportunities in the near future.
Length of Support
As mentioned before, the supported spouse will rarely get maintenance for life. This often only lasts a specific period of time until the agreement ends. Regardless of that, there are often disputes about how long this support should last.
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The length of support depends on other factors, such as the ability to get employment in the short term and how much it will take the supported spouse to address their financial needs.
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Depending on the case, there could be special modifications to temporary spousal support. People could even try to terminate the agreement when needed.
Are Spousal Maintenance and Support the Same?
Spousal support and maintenance are, at least most of the time, interchangeable concepts. They refer to the payments one spouse gives to the other after separating or getting divorced. Regardless of that, there are some instances in which they could be slightly different.
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When someone talks about spousal support, they mean the temporary maintenance the spouse receives while they separate but are yet to start the divorce process. Once they formally divorce, it turns to maintenance.
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Why do people need support payments if they are still with their partner? Well, it's not like that. The idea of this is for parties in a pre-divorce separate household to get enough for a living as they settle.
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Apart from that, there's not a significant difference between those two concepts. As a matter of fact, people could use them in both cases, and they would, unless a judge states otherwise, be correct.
Practice Areas
Benefits of Hiring a Spousal Support Lawyer
Hiring a spousal support lawyer brings many benefits to the table. First, these attorneys will make sure their client gets the right financial support agreement. They will handle all the paperwork needed for the case, handle the litigation process, and gather evidence when needed.
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One of the most important parts of hiring a lawyer is to get someone who will make their client feel like they have the only case the firm is addressing. Professional law offices, such as Divorce & Family Legal, LLC, understand that and always offer people a premium experience.
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Spousal maintenance cases are not always as simple as determining how much money people should get. Sometimes, they are involved with other family matters, such as divorces and domestic violence situations.
If, for example, parties trying to divorce had a dispute over who should get properties bought while living in a pre-marital joint household, these lawyers could address that, too. That is important because it could affect the earning capacity of both spouses and alter how expensive alimony payments will be.
About Spousal Maintenance Payments
As mentioned before, spousal maintenance payments depend on specific factors. The most important ones are the following:
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Length of the marriage
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Earning capacity of both parties
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Standard of living during the marriage
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Specific financial needs
Nevertheless, the court could take other factors, such as age, health, professional endeavors, and ability to become self-sufficient into account, too. Everything depends on the case.
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It's up to the lawyer of the spouse to use those factors in their client's favor to get them the best deal possible. Divorce & Family Legal, LLC only works with professionals in family court cases, so it will always know how to find the right advantages to benefit from to help their clients.
Final Thoughts
Spousal support cases don't finish when the judge gives a settlement. Since there can still be modifications to the initial agreement, it's essential for both parties to keep in touch with their lawyers. They will prove if one of the people involved in the case fails to follow the court's instructions.
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The same happens if the person giving alimony payments wants to terminate the agreement for any reason. However, the New York spousal support lawyer they hire must focus on that practice area.
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While all lawyers know how the law works, only one with experience in spousal support cases knows the best way to move forward in these cases. They can also explain to both parties the tax consequences of their agreement.
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Divorce & Family Legal, LLC works in Albany, New York, and people can contact it whenever they need someone to handle a spousal support case. They only need to call it at (518) 992-5924 to schedule a free 30-minute consultation to discuss their situation.
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This law firm also handles other family-related cases, such as child custody, and discusses related matters. Clients should make sure to gather all the information they can about their case before the consultation to optimize their time and address the most important parts of their legal situation once there.