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WIFE SEEKS SPOUSAL MAINTENANCE

Child holding fathers hand

In a case before Justice Jeffrey Goodstein pending in the Supreme Court in Nassau County a wife brought a proceeding for temporary spousal maintenance and for payment of her attorney’s fees. In this case the husband earned $107,000.00 Wife claimed that she only eared $25,000.00. Justice Goodstein found that he had problems concerning the wife’s credibility with regard to her actual earnings. He noted in his decision the wife failed to provide a tax return with her net worth statement in her application for temporary spousal maintenance. He also took note that although the wife provided information to the court that she worked in a medical facility, the husband contended that she also worked in a restaurant owned by her parents for over a period of ten years.

FORMULA FOR SPOUSAL MAINTENANCE SHOULD NOT CONTROL

There is a formula for spousal maintenance in New York. However, Justice Goodstein found that the formula for presumptive temporary maintenance would not be appropriate in this case. He ruled that the husband should provide the wife with temporary spousal maintenance solely from January 2016 to June 2016. He also ruled that he was unsure as to whether the husband was the moneyed spouse and therefore the wife’s request for attorney’s fees was denied.

Elliot S. Schlissel, Esq. And his associates represent clients throughout the metropolitan New York are in divorce and family law cases.

father's rights lawyer in New York

About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.