Divorce Lawyers New York - Recent Family Law Decisons (26)
RECENT FAMILY LAW DECISIONS (26)
Bankruptcy
Although this section terminates the obligation to pay maintenance upon the marriage of the party receiving maintenance, the fact that an award stated that the obligation would not terminate upon remarriage of the debtor’s wife, did not dictate that the award was not maintenance with regard to determining the dischargeability in bankruptcy of the debtor’s obligation.
Characterization
Maintenance agreement was an award of periodic maintenance for a fixed period rather than maintenance in gross and subject to modification or termination, where it was denominated as “transitional maintenance” and for a fixed rather than indefinite duration.
An award of maintenance may be modified regardless of whether it is characterized as permanent or temporary as long as it does not explicitly preclude such modification; this also applies to situation ns in which a party seeks to terminate (or abate) an award of maintenance.
Under prior law, the fact that payments were for a sum certain to be paid over a specified time (five years) would have resulted in the characterization of the payments as in the nature of a property settlement, but this section allows maintenance for a limited time and sum, and the factors of definiteness in amount and time are not conclusive.
Credit
Former husband was not entitled to a credit toward his maintenance obligation for social security benefits received by his former wife by virtue of contributions made by the husband.
Defined
The word “alimony in former section 18 of the Divorce Act is synonymous with the word “maintenance” used in subsection (a) of this section.
Employment Secured
Even though respondent had obtained employment, the court properly continued maintenance, since she did not have her own pension and would never earn as much as petitioner.
Equitable
Just as the court is without authority, after a husband’s death, to award maintenance to the wife, it is without authority, after the husband’s death, to award equitable maintenance pending appeal.
Failure to seek Independence
The recipient of maintenance is under an affirmative obligation to seek appropriate training and skills to become financially independent in the future; the failure to make good faith efforts to achieve this goal, following a reasonable time frame during which the objective should be accomplished, might form the basis for a petition for modification pursuant to subsection (a) of this section.
