| Alimony and Maintenance: Is There a Difference?
Continuing Jurisdiction Over
Support Orders, May 26, 1998
Insurance Coverage and Medical Support Enforcement, August
24, 1993
McSparron and Maintenance Awards,
October 28, 1997
Termination of
Maintenance Provisions, April 6, 1998
The "Low Income Support Obligation and Performance Improvement Act", among other things, amended the child support modification provisions in Domestic Relations Law § 236 [B](9)(b) by separating out the "substantial change of circumstances" basis for modification of child support orders into its own section, and by providing two new bases for the modification of an order of child support: (1) the passage of three years since the order was entered, last modified, or adjusted; or (2) a 15 percent change in either party's income since the order was entered, last modified or adjusted provided that any reduction in income was involuntary and the party has made diligent attempts to secure employment commensurate with his or her education, ability and experience. The parties may specifically opt out of the two new bases for modification in a validly executed agreement or stipulation.
For a comprehensive discussion of the New Modification Provisions click on this link to download "The Low Income Support and Performance Improvement Act of 2010" by Joel R. Brandes, Bari Corbin Brandes and Evan B. Brandes The 2010 Session of the legislature resulted in legislation that is intended to increase the amount of temporary maintenance awards, and compel New York court to promptly make counsel and expert fee awards to the non-monied spouse.
Click on this link to download "The 2010 Divorce Reform Amendments" by Joel R. Brandes, Bari Corbin Brandes and Evan B. Brandes
Laws of 2009, Ch 215, effective October 9, 2009, amended the Mandatory Award of Health Care Expenses Provision of the Basic Child Support Obligation, contained in Domestic Relations Law § 240 (1-b) (c) (5), the Child Support Standards Act.(For a comprehensive discussion, click on this link to download Mandatory Health Care Expenses by Joel R. Brandes )
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