Analyzing the elements of child support and spousal support, negotiating interim support, or seeking court-ordered support, especially when the amount in question is significant, is a job best left to a Family Law Attorney experienced in these procedures. At Breiter and Gura, our attorneys have an appreciation for the importance of dealing with issues which impact the available funds for both payor and payee, and have appeared in both Family and Supreme Courts of Nassau, Suffolk, Queens, New York, Brooklyn, and the Bronx on all issues related to both child support and spousal support.

Support, for both children and spouses, is an issue that comes up both in Family Court — where initial awards of both can be obtained even when a divorce action has not yet been filed, and enforcement actions most often take place — and Supreme Court, following the filing of a divorce action. While the New York courts now have formulas that, for the most part, are applied to pre-judgment child and spousal support payments, post-judgment spousal support (for after the divorce has been granted), remains a contentious matter, subject to much negotiation and often, litigation.

Money is often used as a weapon to force a favorable settlement.
Interim, or pre-judgment support payments, can be especially difficult to resolve outside of court, as it means taking assets away from the monied spouse and re-directing it to the parties’ children and the non-monied spouse’s support. Even when monied spouses initially cooperate by providing their families with an agreed-upon amount of support, once the parties get set into negotiating positions, the monied spouse will often seek a weapon with which to force a favorable settlement. Money is often that weapon. Disagreements over negotiating and/or maintaining interim support, are often the first reason that the non-monied spouse will seek court intervention to prevent the monied spouse from manipulating the amount of support they provide for the family, and to force them to continue paying their normal expenses necessary to maintain the marital household.