Spousal Support Lawyer Queens County
Spousal support, which New York’s statutes call “maintenance,” comes up in nearly every Queens County divorce where there is an income gap between the spouses, and it comes up twice: once as a temporary award while the divorce is pending, and again, potentially in a different amount and for a different duration, as part of the final divorce judgment. New York uses statutory, formula-based guidelines for both, which is different from a purely discretionary system, though the court retains meaningful discretion to deviate from the guideline amount based on a list of statutory factors. Understanding how these two forms of maintenance relate to each other, and what the guideline formulas actually do, helps Queens County spouses on both sides of a support question know what to expect. Law Offices Of SRIS, P.C. represents Queens County spouses in spousal support matters and can be reached to schedule a consultation at (888) 437-7747.
What Spousal Support Means in Queens County
New York addresses maintenance in two related statutory provisions. N.Y. Dom. Rel. Law § 236(B)(5-a) governs temporary, or pendente lite, maintenance during a pending divorce, using an income-shares formula that compares a set percentage of the payor’s income against a set percentage of the combined income, with the guideline amount generally being the lower of two calculated figures. DRL § 236(B)(6) governs post-divorce, or final, maintenance, using a similarly structured formula, plus an advisory schedule tying a marriage’s length to a percentage range of its duration for how long maintenance might run, from roughly 15 to 30 percent of the marriage’s length for shorter marriages, up to 35 to 50 percent for marriages over 20 years, though the court retains discretion to award maintenance for a different duration, including on a non-durational basis in an appropriate case.
Both provisions apply an “income cap” to the formula, a threshold amount of the payor’s income above which additional maintenance becomes discretionary rather than formulaic. The statutes themselves set only a base figure of $184,000, enacted in 2015, along with a mechanism for the cap to increase every two years according to a Consumer Price Index-based formula, with the current adjusted figure published administratively by the Office of Court Administration rather than stated in the statutory text itself. Both provisions also protect a self-support reserve, a floor below which a maintenance award cannot reduce the paying spouse, and both list numerous factors, including the marital standard of living, each spouse’s health and earning capacity, and the length of the marriage, that a court can use to deviate from the guideline amount. Spousal support matters for Queens County residents are heard at Queens County Supreme Court, 88-11 Sutphin Boulevard, Jamaica, NY 11435, in the 11th Judicial District.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases
Mr. Sris and the firm’s Of Counsel attorneys calculate and negotiate spousal support for Queens County clients using the guideline formulas in § 236(B)(5-a) and § 236(B)(6) as the starting point, while identifying which of the statutory deviation factors, if any, apply to the family’s specific circumstances. Because temporary and post-divorce maintenance are governed by related but distinct provisions, the firm addresses both stages of a case, making sure a client understands how a temporary award during the pendency of the divorce relates to, and does not necessarily predict, the final maintenance determination.
For a spouse who expects to receive support, the firm works to secure an accurate, income-supported calculation under the guideline formula and to identify any factors that might justify an award above the guideline amount. For a paying spouse, the firm reviews the same formula for accuracy, addresses whether the self-support reserve or other statutory protections apply, and identifies deviation factors that might support a lower award than the guideline figure would suggest. Because the income cap that limits the formula’s automatic application is published administratively rather than stated as a current dollar figure in the statute, the firm relies on the current published guideline chart for that number rather than an outdated or approximate figure, and explains to clients how income above the cap is addressed at the court’s discretion rather than automatically. The team represents Queens County spouses in negotiated maintenance agreements and in contested maintenance litigation, coordinating support determinations with the broader property division issues in the case.
Attorney Background
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems has been applied to cases involving complex financial issues, directly relevant to the income calculations that drive New York’s maintenance formulas. Mr. Sris and the firm’s Of Counsel attorneys, who contract directly with the firm and are described collectively, represent Queens County spouses in temporary and post-divorce maintenance matters. The firm concentrates in family law across the jurisdictions where its attorneys are admitted and does not offer free consultations; a prospective client may request a scheduled consultation. The firm’s principal office is located in Fairfax, Virginia, and meetings are by appointment.
Frequently Asked Questions
What is the difference between temporary and post-divorce maintenance?
Temporary maintenance under DRL § 236(B)(5-a) applies while a divorce is pending and terminates no later than the divorce judgment. Post-divorce maintenance under § 236(B)(6) is the final award, which can differ in amount and duration from the temporary award.
Is there a maximum income used to calculate maintenance?
Both provisions apply an income cap, with a statutory base of $184,000 set in 2015 that increases every two years under a Consumer Price Index-based formula published by the Office of Court Administration. Income above the current published cap is addressed at the court’s discretion rather than the automatic formula.
How long does post-divorce maintenance last?
DRL § 236(B)(6) provides an advisory duration schedule tied to the length of the marriage, generally 15 to 30 percent of the marriage’s length for marriages up to 15 years, 30 to 40 percent for marriages of 15 to 20 years, and 35 to 50 percent for longer marriages, though the court retains discretion to deviate, including awarding non-durational maintenance.
Can the court award less than the guideline maintenance amount?
Yes. Both § 236(B)(5-a) and § 236(B)(6) list numerous factors a court can use to deviate from the guideline formula, and the court must state its reasoning in writing or on the record if it deviates.
Is there a floor below which maintenance cannot reduce the paying spouse’s income?
Yes. Both statutes protect a self-support reserve, and if the paying spouse’s income is already below that reserve, there is a rebuttable presumption against any maintenance award.