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Underground Maintenance Formulas in New York
Editor's Note: When a new client asks you during a consultation about how “the law” calculates spousal support, what is your answer? Do you state with certainty how maintenance is calculated? Have you ever attempted to create a mathematical formula to calculate maintenance? In the following article, the authors asked attorneys all over New York state how to calculate maintenance and learned that the approach to this topic varied widely throughout the state. One of the formulas, however, was adopted by the legislature and the bill containing the formula was just signed by the Governor of New York at the time this edition of The Matrimonial Strategist went to press.
The Underground Maintenance Formulas Used in New York
Attorneys throughout New York State regularly utilize informal mathematical formulas to determine maintenance payments. Individual attorneys, judges and various regions apply different formulas, several formulas or, worse yet, no formula at all. Moreover, now that Bill A10984B pertaining to temporary maintenance has become law, post-divorce maintenance will continue to remain discretionary. Thus, under the current practice a party seeking divorce may engage in forum shopping within the state to achieve a more favorable post-divorce maintenance award.
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