New York Divorce Attorney Discusses Collecting Child Support and Spousal Maintenance

Question:

Two spouses are trying to negotiate divorce settlement terms without going to court.  One spouse is asking for child support and temporary spousal maintenance.  In this situation, when would the spouse be allowed to get both child support and temporary spousal maintenance?

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Answer:

As an experienced New York Child Support Attorney I’ve seen many cases like this.  A court can order child support and spousal maintenance retroactively to the date on which an action for divorce is commenced. If you are trying to negotiate a settlement and want to avoid court, it would be in your best interest to work out a temporary arrangement. If you do not and your spouse is in need of support, your spouse may commence an action for divorce and file a motion seeking support.

Do you have questions about child support and temporary spousal maintenance?  If so, contact experienced New York Child Support Attorney Jean Mahserjian.

This legal question was provided by a Avvo and answered by Jean Mahserjian an experienced New York Divorce Attorney.  This does not consent an attorney client relationship.