New York Divorce Lawyer Blog
It is not uncommon for New York couples to enter into prenuptial or post-nuptial agreements that define their rights and obligations with regard to property and assets in the event that they divorce. Marital agreements do not necessarily resolve all disputes over finances, though, as demonstrated in a recent New York ruling in which the parties disagreed over what constituted appropriate child support and maintenance awards. If you want to end your marriage, it is essential to understand your rights, and you should confer with a New York divorce attorney as soon as possible.
History of the Case
It is alleged that the parties were married in March 2000 and have two children. In March 2012, they entered into a postnuptial agreement, which was later amended. In June 2012, the wife initiated a divorce action seeking ancillary relief. Following a nonjury trial, the trial court issued a ruling in October 2018, ruling on matters including maintenance, child support, equitable distribution, and attorneys’ fees. The judgment of divorce was finalized in December 2018. The wife then appealed specific portions of the divorce judgment.
Maintenance and Child Support Awards in Divorce Actions
On appeal, the court closely examined the trial court’s determination regarding maintenance and child support. In doing so, it affirmed the lower court’s decision to impute income to both parties. The husband was imputed an annual income of $175,000, which the court found reasonable based on his employment history and job search efforts.
The wife was imputed $45,000 annually despite her claim of being unable to work due to injuries from a 2017 motor vehicle accident. The court noted that she had participated in the bar exam and court proceedings and had not provided sufficient expert testimony to prove her incapacity to work.
In its opinion, the court emphasized that maintenance is designed to provide economic independence and help the less affluent spouse transition to self-sufficiency. Given the wife’s educational background, including a law degree, the four-year maintenance award of $2,000 per month was deemed appropriate.
However, the court ruled that the Supreme Court erred by not awarding retroactive maintenance to the date of the wife’s initial application in June 2012. Thus, the court remitted the case to determine maintenance arrears, factoring in any temporary payments already made, and to decide whether the arrears should be paid in one lump sum or installments.
Regarding child support, the court found that the trial court had incorrectly calculated the wife’s income by including the maintenance payments she received from the husband. In divorce actions commenced before January 2016, child support calculations must exclude maintenance received by the payee spouse from the income of that spouse while deducting the maintenance paid from the income of the payor spouse.
The trial court’s failure to adhere to this legal standard necessitated a recalculation of the husband’s child support obligations. Therefore, the case was remitted for a new determination of the husband’s basic child support liability, as well as the parties’ pro rata shares of additional expenses for the children’s extracurricular activities, medical expenses, and any arrears owed.
Talk to an Experienced New York Divorce Attorney
If you or your spouse are considering taking the steps to legally end your marriage, it is smart to talk to an attorney about what measures you can take to protect your interests. Ksenia Rudyuk is an experienced New York divorce lawyer who can evaluate your case and help you seek the best outcome available. You can reach Ms. Rudyuk by calling 212-706-2001 or using our online form to schedule a meeting.