How does a court determine the amount of maintenance?
The Court looks at the reasonable needs of the recipient (based upon the prior standard of living), the income and assets of the recipient balanced against the income and assets of the party paying the support. While the Domestic Relations Law Section 236 lists many factors to consider in making the award it tends to boil down to an analysis of reasonable needs verses ability to pay.
The reasonable needs of the recipient based upon the prior standard of living, the income and assets of the recipient balanced against the financial resources ( income and assets) of the party paying the support. While the Domestic Relations law section 236 lists ten factors to consider in making the award it tends to boil down to an analysis of reasonable needs verses ability to pay.
