Today is the day when New York’s family law begins a new era. The no-fault divorce law is now in effect and grounds for divorce will no longer preclude someone from obtaining a divorce. In addition to the new no-fault divorce legislation, three new laws applicable to divorces and child support proceedings became effective including:
1. a new procedure and formula for setting awards of temporary maintenance while a divorce is pending;
2. a presumption toward grating attorneys fees to the less monied spouse during the divorce; and
3. new circumstances for reviewing and modifying child support awards.
Here is the summary of the most important provisions of the new laws:
No-Fault Divorce
There is a new no-fault cause of action for divorce that can be granted if the spouse filing for divorce makes a sworn statement that the marriage has irretrievably broken down for a period of six months preceding the commencement of the divorce action.
Temporary Maintenance
The new law provides that maintenance is to be awarded during the divorce when one parties’ income is less than 2/3of the other spouse’s income.
The amount of maintenance is determined by the following formula as the lesser of a) 30% of the payor’s income minus 20% of the non-payor’s income or b) 40% of the combined income minus the non payor’s income.
Attorneys Fees
The attorneys fee bill creates a presumption that the “monied” spouse should pay to the “non-monied” spouse interim attorneys fees in all divorce or family law case. The purpose of the law is to make both spouses to be able to litigate their divorce case on equal basis.
Modification of Child Support
The Family Court Act (“FCA”) and matching provisions of the Domestic Relations Law (“DRL”) were amended to allow modification of an order of child support due to “substantial change in circumstances” which is now defined in a change in either party’s gross income by 15% or more. Also, if three years have passed since the last order was entered, modified, or adjusted, the court can modify an order entered after October 13, 2010 order, unless the parties specifically opt-out of that provisions. Additionally, a reduction in a party’s income shall not be considered as a ground for modification, unless it was involuntary and the party has made diligent attempts to secure employment.
As I have written previously, these are important development in New York’s family law and I think that it will take some time to assess their impact. At the same time, I think that they will be welcomed by divorce lawyers in this state and will make divorce easier for the divorcing spouses. With respect to the bill establishing the formula for temporary maintenance, it is highly likely that any such temporary maintenance award is going to be used by the courts as a basis for a permanent maintenance award.