Over the last two years, New York State has enacted new legislation, forms, and rules aimed at providing more efficient and effective adjudication of matrimonial matters. Parties of matrimonial actions in New York Supreme Courts now have a greater access to legal services and more protection of confidential information. In 2016, the changes accounted for a significant change in the process and the practice of matrimonial law in the state.
Over the last two years, New York State has enacted new legislation, forms, and rules aimed at providing more efficient and effective adjudication of matrimonial matters. Parties of matrimonial actions in New York Supreme Courts now have a greater access to legal services and more protection of confidential information. In 2016, the changes accounted for a significant change in the process and the practice of matrimonial law in the state.
On September 30, 2016, new legislation went into effect eliminating the requirement that a spouse needs to exhaust all contempt remedies in the enforcement of child support and maintenance obligations. The previous requirement was often very costly and time consuming for the spouse seeking payment due to the extensive steps they had to take prior to seeking judicial enforcement. The new legislation will help make these proceedings more efficient and provide faster relief to a litigant.
Additionally, in early 2016, legislation was passed changing the procedure for calculating maintenance and spousal support. The new legislation provided a new calculation for courts to use if the payor is also obligated to pay child support out of the same stream of income. Also, the legislation requires the court to determine who will be paying household expenses, and take those expenses into account. The new calculations give parties, attorneys, and judges guidelines on maintenance determinations. Along with the new legislation, the Office of Court Administration (OCA) developed new child support and maintenance worksheets which are available on their website. On the website is also a child support calculator to help attorneys and pro se litigants determine the appropriate amount of child support and maintenance under the new legislation.
In 2016, new forms were also produced to help streamline matrimonial cases in New York State Supreme Courts. In August, a revision of the preliminary conference form was introduced. The new form clearly sets forth what must take place at a preliminary conference to identify any unresolved issues prior to trial. The new form also gives litigants more effective notice on maintenance payment guidelines that might ensue. The hope is that the new form will result in a more efficient process and reduce delays in a matrimonial action.
The first revision to New York State’s net worth form in 20 years was also implemented in 2016. The form which sets forth a party’s personal and financial information was adapted to display the information in a more clear and concise manner. The new form is now designed to be easier to understand for unrepresented parties. The form can be found on the OCA website.
The new changes implemented and enforced in 2016 are providing for a more efficient process for litigants involved in matrimonial actions. However, it is very important that litigants are aware of their rights when it comes to divorce. A family law attorney can help navigate through the still complex New York State process for matrimonial actions.
If you are seeking a divorce or are being sued for divorce, you need an attorney on your side that will fight to protect your legal rights. The law firm of McGuire & Peláez is experienced in commencing or defending a matrimonial action in Supreme Court. Our firm will help you in obtaining your fair share of the marital assets, while representing you on issues of maintenance, child custody, child support, and visitation. Contact our Suffolk County Divorce Law Offices 24 hours a day, seven days a week at 631-348-1702.
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