Temporary Spousal Support Lawyer Bronx County

A Bronx County divorce can take time to work through, and a lower-earning spouse still has bills to pay while it does. That is exactly what temporary maintenance, also called pendente lite support, is designed to address: support paid by one spouse to the other while the divorce action is pending, calculated under a specific guideline formula in Domestic Relations Law § 236(B)(5-a). The statute defines the “payor” as the higher-earning spouse and the “payee” as the lower-earning spouse, and it applies its formula up to a statutory income cap, with a base figure of $184,000 written into the statute that increases every two years according to a Consumer Price Index-based formula the Office of Court Administration determines and publishes. Because temporary maintenance is meant to bridge the gap while the case is pending, it terminates no later than the entry of the divorce judgment or the death of either party, at which point post-divorce maintenance, if awarded, takes over under a separate statutory provision. Understanding exactly how the DRL § 236(B)(5-a) formula works, and what can move an award above or below the guideline amount, matters for any Bronx County spouse facing this issue early in a divorce case. Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County clients in temporary maintenance matters. The firm does not offer free consultations, and phone intake is staffed 24/7. Call (888) 437-7747 to schedule a consultation about temporary spousal support in a Bronx County divorce.

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What Temporary Spousal Support Means in Bronx County

DRL § 236(B)(5-a) sets out a specific formula for calculating temporary maintenance. Where the payor is the non-custodial parent and will also be paying child support, the statute directs a comparison of two calculations: one subtracting twenty-five percent of the payee’s income from twenty percent of the payor’s income, and another subtracting the payee’s income from forty percent of the couple’s combined income; the guideline amount is the lower of the two results, or zero if the calculation produces a negative number. Where child support will not be paid, or the payor is the custodial parent, the statute applies different percentages, twenty percent and thirty percent respectively, to the same basic structure.

The formula applies only up to the statutory income cap; for income above that cap, additional temporary maintenance is discretionary, guided by a separate list of factors. A self-support reserve operates as a floor beneath the calculation: guideline maintenance cannot reduce the payor below that reserve, and where the payor’s income already falls below it, there is a rebuttable presumption against any award. The court may also deviate from the guideline amount based on thirteen enumerated factors, including each spouse’s age and health, earning capacity, the effect of terminating child support, domestic violence’s effect on earning capacity, and the marital standard of living, provided the court states its reasoning in writing or on the record if it deviates. Temporary maintenance under this provision terminates no later than entry of the divorce judgment or the death of either party.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Temporary Spousal Support Cases

Mr. Sris and the firm’s Of Counsel attorneys work early in a Bronx County divorce to establish accurate income figures for both spouses, since the DRL § 236(B)(5-a) formula depends directly on those numbers. The firm identifies which version of the formula applies based on whether child support will also be paid and which spouse is the custodial parent, and calculates the resulting guideline range.

Where a client’s circumstances suggest a deviation from the guideline amount is appropriate, whether because of health issues, earning-capacity questions, or other statutory factors, the firm helps the client present those facts to the court. Where a client is the likely payor, the firm reviews the same factors from that side, including whether the self-support reserve or the income cap limits the calculation.

The firm represents clients in both negotiated temporary support agreements and contested pendente lite hearings in the New York State trial courts in Bronx County. The firm does not state a current adjusted dollar income-cap figure, since the statute sets only a base amount with a biennial adjustment mechanism published by the Office of Court Administration. The firm does not guarantee any particular award, since the result depends on the statutory formula and factors applied to the specific facts.

Attorney Background

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after working as a prosecutor, which included direct experience with contested proceedings and the presentation of evidence. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and holds a background from George Mason University in accounting and information systems that he has applied to complex financial and technology-related matters, including the income calculations that temporary maintenance disputes often require.

Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County clients seeking or opposing temporary maintenance while a divorce is pending. The firm’s principal office is in Fairfax, Virginia, and meetings connected to a Bronx County matter are arranged by appointment. The firm concentrates in family law matters, including spousal support.

Frequently Asked Questions

What is temporary spousal support?

Temporary spousal support, also called pendente lite maintenance, is support paid by one spouse to the other while a divorce action is pending, calculated under the guideline formula in DRL § 236(B)(5-a) based on both spouses’ income.

How is the temporary maintenance amount calculated?

DRL § 236(B)(5-a) generally compares two formula calculations and applies the lower result, using different percentages depending on whether the payor will also pay child support and which spouse is the custodial parent, up to the statutory income cap.

Is there a minimum the payor must be left with?

Yes. A self-support reserve operates as a floor under DRL § 236(B)(5-a); guideline maintenance cannot reduce the payor below that reserve, and there is a rebuttable presumption against any award where the payor’s income already falls below it.

When does temporary maintenance end?

Temporary maintenance under DRL § 236(B)(5-a) terminates no later than entry of the divorce judgment or the death of either party; a separate post-divorce maintenance determination, if any, is addressed under a different statutory provision.

Can the court award more or less than the guideline amount?

Yes. DRL § 236(B)(5-a) lists thirteen factors a court may consider in deviating from the guideline amount, including age, health, earning capacity, and the marital standard of living, provided the court states its reasoning in writing or on the record.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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