Hudson Valley Spousal Support & Alimony Lawyer
Determination and Enforcement of Financial Support
Money is a weapon. During divorce proceedings and long after, one party may attempt to withhold support out of spite or to deceive the court in an effort to reduce his/her support obligations. At Vasti & Vasti, P.C., we keep the other person honest by aggressively asserting our clients' legal rights. We also counsel our clients as to their involvement with N.Y.S. and County Level Support Collections Units to account for and keep track of support payments, so as to assist in proving violations and to provide for enforcement of Court Orders.
Our family law practice serves clients in Dutchess County and surrounding counties of the Hudson Valley. With more than 50 years of combined experience in child support and spousal maintenance issues, we can capably represent either the paying party or the recipient. Call 845-224-3559 for a free initial consultation.
Child Support Issues
The N.Y.S. formula for determining child support which is based upon the national Child Support Standards Act, (C.S.S.A.), tops out at an adjusted gross parental income of $80,000. Beyond that threshold, a judge has discretion to determine the level of support, with the number of children and their needs providing the primary considerations. Vasti & Vasti enlists CPAs and forensic accountants, if necessary, to determine the true income of the non-custodial (paying) parent. For example, an owner of a small, cash-based business may under-report income, which we can expose through subpoena of receipts, bank records and credit card statements. In situations like this, our upfront advice often proves invaluable, as our client learns what records he/she needs to provide to our office or learns where the other spouse moves the money or how the business operations are actually managed. This preliminary preparation yields enormous success and is much more important than impulsively rushing into Court.
Temporary child support awarded when one parent obtains a domestic violence order of protection can have a bearing on proceedings for permanent child support. We work to get the case into family court to vacate the OFP and address appropriate levels of support.
Spousal Support (Alimony)
Spousal support is available before a divorce action is filed; and, is awarded to a spouse who is incapable of providing for his/her self-support, Once a divorce action is commenced, spousal support (now known as maintenance following the abolition of the term alimony), can be awarded in a temporary order, but ongoing support must be negotiated as part of a divorce settlement, or awarded by the court in a divorce trial. Spousal Support or Maintenance is typically granted only in longer marriages (seven years or more) and typically, but not always continues for only one-third of the duration of the marriage. Judges have considerable latitude when making these orders - the main considerations are income disparity and the employability, re-training age and health of the recipient spouse. Child support is determined after spousal support, but child support is tax-free to the custodial parent and thus tax implications must be considered when computing the proper amount of spousal support or maintenance.
Modification and Enforcement of Support
There are very few defenses for failing to pay child support or alimony. If you can no longer afford to pay because of change in circumstances (such as job loss or medical hardship), you must petition the court for a reduction. Similarly, if the other spouse now has a better-paying job or we can prove that he/she is hiding income, you can petition the court to modify the existing child support upward. A failure to file such petitions will cause severe problems. If you are found to have willfully failed to pay child or spousal support, you can suffer entry of judgments, wage garnishments, driver's license suspensions, professional license suspensions and even jail terms.
Contact Vasti & Vasti, P.C. today for a free, confidential one-hour consultation. We can estimate the likely levels of support if determined by the court, or help you negotiate these amounts in your divorce settlement or separation agreement. We can also act swiftly to bring the other party into compliance if they are holding out.
Vasti & Vasti, P.C.
Serious Lawyers, Serious Representation
