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Thomson Reuters, November 3, 2011

NYC Bar Association Recommends Changes to Spousal Support

The New York City Bar Association on Thursday recommended that a recently-enacted formula to calculate temporary spousal maintenance – the amount of money one spouse pays another during a divorce proceeding – be applied more broadly in the New York state courts, a move the association said would benefit low-income residents…The bar association’s report recommends that the new maintenance formula, which currently only applies in Supreme Court, also be used in Family Court, which is authorized to award “spousal support” to estranged spouses who have not divorced. Since litigants in Family Court tend to be low-income and pro se, according to the report, they cannot demonstrate to a judge the need for support. “As a result of this ambiguous statutory guidance, many Family Court litigants do not obtain spousal support since they cannot afford counsel who can demonstrate that spousal support is warranted,” the report says.

The entire article may be read here.