Temporary Spousal Support Lawyer Suffolk County

A Suffolk County divorce can take time to reach a final judgment, and in the meantime a lower-earning spouse may need income support while the case is pending. New York addresses this through temporary, or “pendente lite,” maintenance under Domestic Relations Law § 236(B)(5-a), a formula-driven award that is separate from, though structurally similar to, the post-divorce maintenance a court may order at the end of the case. Law Offices Of SRIS, P.C. represents clients on both sides of temporary maintenance requests in Suffolk County divorces. The firm does not offer free consultations, but its intake line is staffed 24/7. The firm does not maintain a physical location in Suffolk County. Call (888) 437-7747 to schedule a consultation.

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How Temporary Maintenance Is Calculated

DRL § 236(B)(5-a) defines the “payor” as the higher-earning spouse and the “payee” as the lower-earning spouse, and applies an income cap for the guideline calculation set at a statutory base of $184,000 of the payor’s income, a figure the statute says adjusts every two years under a CPI-U formula that the Office of Court Administration determines and publishes; the statutory text itself does not state a current adjusted dollar amount. Where the payor is the non-custodial parent and will also be paying child support, the guideline amount is the lower of two calculations: 20% of the payor’s income minus 25% of the payee’s income, or 40% of the parties’ combined income minus the payee’s income. Where child support will not be paid, or the payor is the custodial parent, the percentages shift to 30% and 20% respectively. The guideline amount cannot reduce the payor below the statutory self-support reserve, and there is a rebuttable presumption against any award if the payor’s income is already below that reserve.

The court may deviate from the guideline amount based on enumerated factors, including the parties’ age and health, earning capacity, education and training needs, the effect of terminating child support, dissipation of assets, and the marital standard of living, and must state its reasoning in writing or on the record if it deviates. Temporary maintenance terminates no later than entry of the divorce judgment or the death of either party, at which point post-divorce maintenance under DRL § 236(B)(6) may take its place. A temporary maintenance request tied to a Suffolk County divorce is decided in Suffolk County Supreme Court, 1 Court Street, Riverhead, NY 11901, (631) 852-2000, part of the 10th Judicial District. The firm does not maintain a physical location in Suffolk County, and consultations are arranged by appointment.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Temporary Maintenance

Mr. Sris and the firm’s Of Counsel attorneys help Suffolk County clients calculate a proposed temporary maintenance figure under DRL § 236(B)(5-a)’s guideline formula, identify whether either party’s income falls near the statutory cap or self-support reserve, and evaluate whether a deviation from the guideline amount may be appropriate under the statute’s enumerated factors.

Because temporary maintenance is meant to address a spouse’s needs while the case is still pending, the firm moves promptly to seek or respond to a temporary maintenance request early in a Suffolk County divorce, and coordinates that request with related child support calculations where both issues are before the court at the same time. The firm does not guarantee any particular temporary maintenance amount, since the result depends on the guideline formula applied to the parties’ actual, documented incomes.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He attended George Mason University, where he developed a background in accounting and information systems that he has applied to complex financial and technology-related matters in family law practice.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in Suffolk County temporary maintenance disputes while a divorce is pending. The firm’s principal office is at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment; it does not maintain a physical location in Suffolk County. The firm concentrates in family law matters, including maintenance and related financial support issues.

Frequently Asked Questions

What is temporary maintenance?

Temporary, or “pendente lite,” maintenance is income support one spouse pays the other while a divorce is pending, calculated under the guideline formula in DRL § 236(B)(5-a), separate from any final maintenance award entered at the end of the case.

How is the temporary maintenance amount calculated?

The statute uses one of two offset formulas depending on whether the payor will also pay child support, with the lower result generally controlling, subject to the statutory income cap and self-support reserve.

Is there a minimum income below which temporary maintenance is not awarded?

The statute creates a rebuttable presumption against an award if the payor’s income is already below the self-support reserve, and in no case can a guideline award reduce the payor below that reserve.

When does temporary maintenance end?

DRL § 236(B)(5-a) provides that temporary maintenance terminates no later than entry of the divorce judgment or the death of either party.

Can the court deviate from the guideline temporary maintenance amount?

Yes. The statute lists factors such as age, health, earning capacity, and marital standard of living that can support a deviation, provided the court states its reasoning in writing or on the record.

Where is a Suffolk County temporary maintenance request decided?

In Suffolk County Supreme Court, 1 Court Street, Riverhead, NY 11901, part of the 10th Judicial District, within the pending divorce action.

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.

Attorney advertising. Prior results do not guarantee a similar outcome.