Temp and Final Maintenance/Spousal Support Guidelines 2015

As most matrimonial practitioners are aware, on September 25 the Governor signed into law the Maintenance Guidelines Legislation, which makes major amendments to New York’s Domestic Relations Law and the Family Court Act in enacting new guidelines for both temporary and post-divorce maintenance and spousal support. As declared in the Bill’s Memo, the legislation “…recognizes the need to address the concerns of lower income communities, domestic violence communities, families with middle class economics and families with exceptional wealth.”

This recording will give you a timely review of the legislation’s important features so you may plan for the actual effective dates of the changes and begin to incorporate its guidelines into your client counseling and advocacy. Our speaker, Eric Tepper, along with Family Law Section Chair Alton L. Abramowitz, represented the Family Law Section of the New York State Bar Association in the working group whose collective efforts resulted in this legislation.

Practitioners need to be aware that the Act’s provisions regarding post-divorce maintenance, Family Court spousal support, and elimination of enhanced earning capacity take effect 120 days after September 25 and apply to all matrimonial and Family Court actions for spousal support commenced on or after such effective date, and that sections regarding temporary maintenance guidelines are effective 30 days from September 25, and apply to actions commenced on or after the effective date.

Among major areas affected by the legislation to be addressed by Mr. Tepper are:

·         Elimination of enhanced earning capacity

·         Definition of income

·         Determination of maintenance before child support

·         Application of Guidelines to spousal support

·         Change in income cap for temporary maintenance

·         The use of different maintenance formulas in different scenarios

·         When may you deviate from the Guidelines

·         The effect of retirement assets, benefits and retirement eligibility ages of both parties in determining the duration of post-divorce maintenance

·         Advisory Formula for post-divorce maintenance tied to the length of the marriage

This recording will provide you with the most current knowledge and helpful, practical tips in dealing with the provisions of this Act in your matrimonial cases.