Legal Question in Family Law in New York
Determination of spousal support
I have offered my wife approx. 34% of my gross income for spousal support ($30,000 / yr). They are requesting $40,000 / yr. If this amount is accepted, my basic bills (rent, car, insurance, food, etc.) will total almost $800 per month more than I will have as income. My offer allows me to pay my bills and her and taxes - nothing more. My lawyer is telling me to offer $35,000, because a judge is liable toaward the $40,000. Is it concievable that an award greater than my ability to pay could be made?It makes no sense when my alternative would be to immediately file bankruptcy to discharge all my other debt. Please advise soonest - need to decide how to proceed. Thanks in advance.
1 Answer from Attorneys
Re: Determination of spousal support
The amount of maintenance you will pay is hust one portion of the settlement. You have to consider the property settlement and any child support payments. Also, you have to consider the duration of the maintenance payments.
Therefore, I do not have enough information to answer your question.
Daniel Clement
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