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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111683
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I have been married years with income over $175K and wife

Customer Question

I have been married for 22 years with income over $175K and wife income was ZERO as she was a stay at home mom (but she does have a college degree). 1 Child under 18. He is currently 16.
With the new NY Maintenance law in that is starting in Jan 2016, am i better off waiting for the new law or should I file asap. what is my exposure in either case?
Also she moved to Delray Beach Florida, I am still in NY, but the FLA home is under my name. If i wait the 6 months, Can I file in Florida instead? and am I better off filing in Florida?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
As you are now only months away from the new law going into effect, you are going to come under the new law anyhow, even if you were to file today. So the spousal maintenance is going to be calculated under the new law because when you file, even if they calculate temporary maintenance under today's law, by the time final support is done, the new law would be in effect. So when you file really is not going to matter at this point as far as the NY new law is concerned.
As far as whether you are better off in FL or NY, actually overall because FL does not have such a law, you would likely do better in FL as their support rates are lower than NY for child support and there is no mandate under FL law to force you to pay support for the children beyond 18 (so unless you willingly agree to pay college, FL cannot make you do so) unlike in NY where you have to pay support through 21 and college expenses as well in most cases.
If you can wait it out to file in FL, that would be your best move.
Customer: replied 1 year ago.
But what about the Alimony / Maintance portion of the question, will Florida still be a Better option ? and can I file in Florida even though I don't live there but she does
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, FL is still a better option for any type of support, child support or spousal maintenance. Even without the new NY law, the FL rates are lower and you end up paying less in most cases on spousal support.
You can file in FL as long as she is a FL resident, even if you are not a FL resident.
Customer: replied 1 year ago.
that holds true for her as well? She can file first in NY and I am stuck with NY laws? Or after 6 months in Florida she can only file in Florida ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If she files first, she can file in NY or FL. The jurisdiction issue is that you can file where either spouse is a resident. So once she is a FL resident she can file in NY or FL. Until she is a FL resident meeting their requirements, she can only file in NY. You would do best to keep trying to delay this until you can file it in FL as that is the cheapest in terms of both spousal and child support.
Customer: replied 1 year ago.
does that mean if I file in Florida , before she files, then she must abide by the suit, or can she counter by filing against me in NY and the a legal nightmare would begin? Or once a party files that's it, no changing of venue (state where one can file) ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
The person who files first is the suit that is heard. So if you file in FL before she files anywhere, she cannot file anywhere else.
Customer: replied 1 year ago.
Is there a set formula in FL on how child support and Maintenance is calculated or will it all depend on the judges mood that day?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
FL unlike NY has no actual formula used. FL looks at the needs of the spouse seeking support and their ability to work to support themselves and their age and they look at your ability to pay. The court then examines their actual financial needs to determine how much support she would be entitled to based on your income.
Customer: replied 1 year ago.
in NY cap the cap of $175k be disputed or overtured? And if child support 17% of the $178k or of actual gross earnings ?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

It can be disputed, but it is not likely to be overturned as it does not violate any constitutional provisions.

It is 17% of gross income, with some limited deductions for some limited reasons.

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