Legal Question in Family Law in New York

Re: how does spousal support work

Generally, a Payor spouse or parent, may not be required to pay so much in basic spousal and child support, that his/her income is reduced to below the "poverty line" for his/her tax status. The "poverty line" for one person (for child support purposes) is apx $11,000.00

So,... since you are receiving $405/ in uemployment and are paying apx 1/3 of that in child support, it may be unfair that more (in the form of spousal support) is being asked of you at this time.

Please, also be advised of the following:

Spousal support is based upon a "Need vs. Ability to pay" Formula. Whereas, Child Support, is based upon a uniform percentages formula, of the parents gross income.

Spousal Support is also deductible from the payor's gross income, thereby reducing taxable income, while Child Support is not.

In addition, the "Need vs Ability to Pay" formula usually considers what the payor has to live on, after payment of all legitmate expenses are paid, (and child support is a legitmate expenses, as is rent, utilities, food, etc.,) in calculating and ordering spousal support payments.

Therefore, you should be able to successfully argue that you do not have the Ability to Pay

spousal support of $125/ or any sum, at this time, will reduce your income to below the poverty line, to such an extent that you would be without the means to seek and maintain employment.

Good luck,

Phroska L. McAlister,ESQ