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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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I am legally separated and I receive $800 maintenance per month.

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I am legally separated and I receive $800 maintenance per month. My ex makes well over $200K. I just got laid off from my $60K job. I would like to know if I can petition to have my maintenance modified upward since my income is now zero.

FiveStarLaw :

*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.*

FiveStarLaw :


Welcome,

I am a New York licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Customer:

Hello FSL. I'm Marice.

FiveStarLaw :

Hi Marice

FiveStarLaw :

Yes you can file for modification to the maintenance order to reflect your current income.

FiveStarLaw :

Maintenance during separation is subject to modification at any time there is a substantial change in financial circumstances of either spouse

Customer:

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.)

FiveStarLaw :

When the court reevaluates maintenance, it would consider his current salary ($225K-$250K) and your current salary (0)

FiveStarLaw :

Since your husband is an attorney, I strongly suggest that you retain counsel to assist in the modification

Customer:

Oh, okay. I'm eligible for unemployment so they'll take that into account, too, correct?

FiveStarLaw :

yes

Customer:

Yeah, he's a corporate atty, though -- he doesn't know much about family law.

FiveStarLaw :

He may have colleagues able to assist him

Customer:

That's true. Now, would this be a Family Court or Supreme Court matter?

FiveStarLaw :

You would return to the court that issued the maintenance order

Customer:

Hmmm.... I got maintenance orders from both -- a temp order from Family and then maintenance was addressed in the Sep Agreement in Supreme Court.

FiveStarLaw :

You would return to Supreme Court

Customer:

Okay, great. Thanks! I will ask around and try to find an affordable atty!

FiveStarLaw :

I wish you the best at this difficult time

FiveStarLaw :

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.

Customer:

Thank you! I will! Have a great day!

FiveStarLaw :

You too

Ellen and 5 other Family Law Specialists are ready to help you

Thank you very much for the "excellent service" rating and the bonus!

If I can be of assistance in the future, begin your question with: "For FiveStarLaw"