Im in the process of divorce. I presently have custody of my two children. My husband has move out of the home. My lawyer just informed me that i have to pay my husband temporary pro rata maintenance because i make more money? What does this mean?
It looks like your husband has made a pendente lite application to the court. There is a maintenance formula that the court uses to determine temporary maintenance during the pendency of the divorce. Ask your lawyer to explain it to you.
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Temporary maintenance is paid during the divorce action. There is currently a statute that calculates how much temporary maintenance will be based on a formula (look at the court's calculator here: http://www.nycourts.gov/divorce/calculator.pdf ). Generally, post-divorce maintenance is much lower in amount. It sounds like your husband will need to pay you child support too.
Morghan Leia Richardson, Esq.
Richardson Legal PLLC
31-08 Broadway, Suite 204
Astoria, New York 11106
Temporary spousal maintenance is paid while an action for divorce is pending. It is based on a formula which compares incomes. Just because you make more money does not always result in an order of temporary spousal maintenance. You need to have your attorney actually run all of the numbers for you. The court has some discretion in setting the amount of spousal maintenance, but not a lot. If you have custody, your husband will be paying you child support.
Merely because you make more doesn't necessarily mean you would pay maintenance. I agree with the prior poster you sent you the calculator link - a worksheet is also available: http://www.courts.state.ny.us/divorce/TMG-Worksheet.PDF. Your attorney should discuss with you, however, the likelihood this will happen, especially when contrasted with the child support he'll likely pay as well as assets each of you may have in your names. Nevertheless, if you're looking for a 2d opinion, I encourage you to call a Westchester Co. divorce lawyer to set-up a consultation appointment.
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