Justice Janowitz, sitting in the Supreme Court located in Nassau County, New York, recently made a decision in the case of Jill G. vs. Jeffery G, 202923-10 (March 18th). The wife in this case claimed that the temporary, non-taxable maintenance payments she was receiving were inadequate. The wife was receiving $10,783 per month. This award was based on the presumptive amount of maintenance that has to be paid by one spouse to another, which maintains a current cap on only the first $500,000 of annual income. The wife claimed that the presumptive award was inadequate. She claimed that she had a child with physical disabilities. Her child had additional medical expenses, she claimed, due to these disabilities. Judge Janowitz carefully looked at the wife’s net worth statement (financial statement). He stated his opinion that this net worth statement did not reflect that there were extraordinary expenses that the wife was facing. He also found that the wife had received $450,000 in an infant compromise related to a personal injury award for this child.
The court stated in it’s decision that under New York Domestic Relations Law section 236B(5-a), the “pendente lite” (pending litigation) of spousal maintenance awards must comport with the new guidelines issued on October 12, 2010. To convince a court to deviate from these guidelines, the court must find that the pendente lite maintenance amount was unjust or inappropriate. In this case, Justice Janowitz felt that $10,783 per month in non-taxable pendente lite maintenance is a fair and reasonable award. Fathers’ rights were preserved in this case!
Fathers have legal rights in matrimonial and family law proceedings. We aggressively protect fathers’ rights. We litigate all aspects of divorce proceedings. We represent fathers involving orders of protection, child custody matters, child visitation proceedings, child support proceedings, spousal maintenance proceedings (alimony), as well as child abuse and child neglect proceedings. We bring proceedings to reduce child support when fathers have had a reduction in their income or a loss of their job. We present defenses to child abuse cases. We litigation paternity related proceedings. In addition, we represent fathers concerning equitable distribution of assets, as well as negotiating separation agreements. Call us for a free consultation. We are available seven days a week. Our phone numbers are 1-800-344-6431, 516-561-6645 or 718-350-2802.