Legal Question in Family Law in New York

Re: Need Help Now Please

Your options depend upon what stage your divorce process has reached.

Generally:

In order to qualify to receive any maintenance payments at all, pendente lite, or final award,

the spouse requesting maintenance must demand the maintenance in the relief which you requested in either the complaint (if you are the plaintiff in the divorce) or in the answer (if you are the defendant). If maintenance is not demanded in the appropriate pleading, complaint for the plaintiff, and answer for the defendant, then the court almost never awards any maintenance, whether pendente lite or not.

Assuming that maintenance is demanded as part of the relief requested in the plaintiff's complaint or defendant's answer, then:

The court can only make a final award of maintenance when the divorce has concluded.

Subsequent to the commencement of the divorce action, but prior to the trial, the court can provide for temporary maintenance payments by your filing of a pendente lite motion for maintenance. Pendente lite maintenance is geared to enable the spouse moving for such maintenance to maintain the same standard of living during the divorce trial as he or she enjoyed before the commencement of the divorce action.

I may be able to FAX you a sample motion for pendente lite maintenance if you can provide me with a FAX number.