Calculating Divorce Maintenance
In New York, determining maintenance (spousal support or alimony) can be a burdensome task. This task can become more complicated in situations where one spouse is receiving disability or a long term/permanent personal injury settlement in the form of a tax free annuity. Although the line between separate property and marital property with regard to such payments is often blurred, the fact of the matter is that these payments can have an effect on child support and even maintenance. Disability or annuity income can be factored in for the purposes of calculating how much maintenance a spouse should be paying to the injured party.
More importantly, the disability or annuity income should be used by the disabled spouse for the purpose of taking care of the children. This money should not be discounted when determining who pays carrying costs. It absolutely should be used to contribute to the support of the children.
Divorce Attorneys
If you are contemplating a divorce in which one of the spouses is receiving some type of disability or personal injury settlement payment, call (516) 858-2620 to speak to a divorce attorney today!
Shorten the Divorce Process by Waiver
Shorten the Divorce Process by Waiver
In almost any court proceeding, defendants have 20 to 30 days to answer a complaint. This is even true for uncontested divorces. Even though both spouses may consent to the divorce, and even agree on terms, one spouse will have to initiate the divorce proceeding by filing a complaint with the court. In an uncontested divorce, the defendant may not want to answer the complaint. Since the parties have already agreed to the terms of the divorce, the defendant has no reason to challenge the divorce. But since a defendant has 20-30 days to answer a complaint, there is an unnecessary delay in the process. The defendant can eliminate this waiting period by waiver and allow the case to proceed more quickly. This waiver can be made in the defendant’s affidavit, which is to be filed with the divorce.
Divorce Attorney in Mineola
If you would like to speak with an attorney about expediting a divorce case, The Law Firm of Vaughn, Weber & Prakope, PLLC can help. Call our office at 516-858-2620 today to schedule a free consultation. We are located in the heart of Long Island at 393 Jericho Turnpike, Suite 208, Mineola, NY 11501.
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