Alimony: Fighting for a Fair Settlement
Albany, New York, Family Law Attorneys
Nothing is easier to quantify than money. Generally speaking, the more you get (or get to keep), the better. For that reason, negotiations and litigation regarding alimony payments can become fiercely competitive. Hire an attorney with the experience and skill to fight effectively for you.
Child Support ● Spousal Maintenance ● Modifications
Attorneys Kevin and Mary Colwell have been practicing law in New York for over 18 combined years. We have previously worked as a family court prosecutor with the Columbia County Department of Social Services and as private counsel. We know what judges and administrative law judges respond to in cases like yours. Trust our experience and knowledge.
Contact us online or call us at 866-377-0285 for a free initial consultation.
Spousal Maintenance and Divorce: Aggressive Negotiations
When a married couple divorces or separates, they face the issue of spousal maintenance and whether they can reach an arrangement that ensures that neither is left in dire financial straits. Finding a fair solution in advance of a trial can take a lot of negotiating — and sometimes that means being aggressive. Unlike child support, there in no statutory formula to follow. Courts award spousal maintenance based upon a review of previous case law and the fact of the case before it.
The courts consider a number of factors when determining the amount of support one spouse pays to another:
- The reduced or lost lifetime earning capacity of the party seeking support
- Ability of the receiving spouse to become self-supporting
- Age and health of each party
- Duration of the marriage
- Present and future earning capacity of each party
- Tax consequences to each party
- Contributions the receiving spouse made during marriage (as a parent or homemaker, for example)
Furthermore, if we are not able to negotiate a fair resolution, we are experienced and prepared to handle a trial or inquest on the issue of spousal maintenance to get you the order you deserve.
Post-decree Actions: Modifications and Enforcement
Do you need to change an existing spousal maintenance / alimony order? We can help. If you can show the existing order creates an extreme hardship or in certain circumstances there has been a substantial "change in circumstances" regarding your (or your spouse's) lifestyle or income, the court may order a modification of your arrangements.
If either party has violated an existing order, the other spouse can file for "enforcement." The court can force the spouse to adhere to the settlement decree with wage garnishments, undertakings and even jail time. We can help you with an enforcement action or to defend against an enforcement action.
You don't risk anything by giving us a call. All clients receive a free initial consultation. To schedule yours, call 866-377-0285 or contact a lawyer online. We are ready to help.
