In most, but not all, divorces, one spouse is the primary breadwinner and earns most of the family income, and the other spouse is the primary care-giver of the children.
Assuming the spouse focusing on the children is doing a good job, that spouse has the right to receive substantial maintenance and child support when a New York divorce court applies the support guidelines formulas.
What can the New York divorce lawyer do for the primary breadwinner client?
1. Consider an out of court divorce settlement process such as divorce mediation or collaborative divorce if the facts warrant the use of such a settlement process. Such settlement processes are almost always substantially more economical than litigation and a trial, and are better for tailoring a settlement consistent with needs and interests.
2. If a substantial part of the primary breadwinner’s income is in the form of a variable annual bonus, then structure the support obligations as follows:
a. calculate the maintenance and child support based on the primary breadwinner’s salary; and
b. recommend that the primary breadwinner pay a percentage, not a fixed sum, of the variable annual bonus as supplemental maintenance. The specific percentage depends on the facts of the case.
3. Justify […]