Family and Marriage Law Lerner Law Syracuse, New York
maintenace and support

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What Is It?

Maintenance is what used to be called Alimony, or Spousal Support and is the payment from one spouse to the other of a regular amount for a fixed, floating, or indefinite period, for purposes of maintaining the marriage lifestyle, providing financial means to receive training or re-training for the workplace, and is awarded in recognition of the economic hardship that may disproportionately affect one spouse over the other. While the law is clear that either the husband or wife may receive Maintenance, it is still a remedy largely reserved to women.

Support is the shorthand term now used to reference Child Support. Child Support is paid by the non-custodial parent to the custodial parent as an off-set to the costs of housing, feeding, clothing and otherwise caring for a child. The amount of Support is calculated in accordance with the Child Support Standards Act (CSSA) subject to deviation by the Court for special circumstances. Under most circumstances Support is paid to the custodial parent until the child reaches the age of 21, or no longer lives with the custodial parent.

Who Is It For?

Persons not making or not receiving court ordered payment of either Maintenance or Support
Persons with disputes regarding whether payments are due, or the amount is correct
Persons alleging a change in circumstances justifying either larger or smaller payments
Persons who previously received, or currently receive, payments, but not pursuant to a Court order.
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