Areas of Practice
Family Law
Maintenance
Your eligibility to pay or receive maintenance may be determined by the facts of your case. We urge you to consult with an attorney if you feel you need maintenance or if your spouse is requesting maintenance from you. The concept of maintenance can present complicated issues. If you waive maintenance at the hearing in your divorce before the judge, under normal circumstances you waive the right to maintenance forever, and you cannot change your mind at a later date and receive maintenance. If you are paying your spouse maintenance and he/she remarries, you can terminate your maintenance payments upon application to the court. If you feel you need more maintenance, you may have the right to request an increase if your request is timely.
Sometimes the term "family support" is used. The common meaning of this term is that it is a payment from a payor to a recipient that has elements of both maintenance and child support. If properly structured, it can be deductible to the individual paying and reportable as income by the person receiving the payment.
"Maintenance" and/or "family support" may continue for years after the judgment of divorce. The amount paid may be adjustable and the duration of the payment may be extended so that it is indefinite. While child support will normally end at a predetermined time, maintenance and/or family support may continue to the death of tile payor. How these standards apply to your case by the judge may mean a substantial amount of money to your spouse or to you. Don't take a chance on these issues. Get professional assistance if you are being asked to pay or want to receive maintenance and/or family support.
