Family Law Questions? Ask a Family Lawyer Online.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*
Welcome,I am a New York licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!
Hello FSL. I'm Marice.
Yes you can file for modification to the maintenance order to reflect your current income.
Maintenance during separation is subject to modification at any time there is a substantial change in financial circumstances of either spouse
So in the Separation he was only making 185K and they calculated that I would get around 40K if I weren't working. So would I get that amount or an amount based on his current salaray, which is between $225K-$250K (yes, he's a lawyer.)
When the court reevaluates maintenance, it would consider his current salary ($225K-$250K) and your current salary (0)
Since your husband is an attorney, I strongly suggest that you retain counsel to assist in the modification
Oh, okay. I'm eligible for unemployment so they'll take that into account, too, correct?
Yeah, he's a corporate atty, though -- he doesn't know much about family law.
He may have colleagues able to assist him
That's true. Now, would this be a Family Court or Supreme Court matter?
You would return to the court that issued the maintenance order
Hmmm.... I got maintenance orders from both -- a temp order from Family and then maintenance was addressed in the Sep Agreement in Supreme Court.
You would return to Supreme Court
Okay, great. Thanks! I will ask around and try to find an affordable atty!
I wish you the best at this difficult time
It has been my pleasure to work with youPlease let me know if I can assist you in the future by requesting me directly.
Thank you! I will! Have a great day!