In many Long Island, NY divorces, a higher-earning spouse may be ordered to pay alimony or spousal support to the other. This is almost always temporary support, but the timing and conditions under which spousal support ends varies between cases. Here’s what to know about the process for getting alimony terminated and how the divorce and family law firm of Hornberger Verbitsky, P.C. can help you navigate it confidently.

When Does Alimony End?

Spousal support, AKA alimony, is designed to help the lesser-earning spouse, who may have  put their career on hold to help raise the family, get back on their feet after their marriage failed. It’s meant to “bridge the gap” between married life and independent living, not usually to support a nondisabled spouse for the rest of their life.

This is a time for the lesser-earning spouse to go back to school, sharpen their skills, and get a new job. Unfortunately, not all alimony recipients treat these payments as they’re intended. Some recipients will try to extend support or conceal the fact that they no longer qualify to receive it in order to continue to have their ex-spouse support them and their lifestyle.

Your ex–spouse may be excluded from receiving alimony if they:

• Have remarried. If your ex gets married to someone else after your divorce, your alimony agreement can be terminated.
• Are cohabitating with someone. Even if your ex-spouse hasn’t remarried, they cannot receive alimony if they are living with someone in a romantic relationship.
• Have died. If your ex-spouse passes away, you can file to have your spousal support order withdrawn.
• Aren’t actually disabled. If you were ordered to pay ongoing support to a disabled ex-spouse, and can show evidence that they are not disabled, you may be able to have alimony terminated. You may also be able to file a civil suit for damages, including what you previously paid in spousal support.

Filing a Motion to Terminate Spousal Support

Even if you meet the criteria to end your support payments, you can’t stop making them without a court order. This would give your ex-spouse ammunition against you and potentially allow them to have you held in contempt of court for non-payment.

If you believe that your ex is no longer legally entitled to alimony, you’ll need to file a motion to end support. With this filing, you need to include evidence that indicates why your support order should be revoked. A judge will review it and decide if a hearing should be set.

Once your court date arrives, you should be ready to make your case. Then, the judge will decide whether or not to terminate the order. If the judge decides to continue the support order, you will still be legally obligated to make payments. If they decide you are no longer required to make support payments, you can stop making payments once you have the order in hand.

It’s important to file the motion as soon as you learn of circumstances that might allow you to terminate support. For example, if your ex-spouse dies, any payments you make to them after their passing will be assigned to their estate. To get that money back, you would need to go through the probate process, which is long and tedious at best.

What Happens If You Just Don’t Pay Alimony?

As we mentioned above, it’s incredibly risky to stop paying spousal support without notifying the court, even if you believe you have good reason to believe your ex is not entitled to support. A vindictive ex could petition the court for you to be held in contempt, which could cost you a lot of money in fines or even land you in jail for a few days. That’s why it’s crucial to work with a qualified and experienced Long Island family lawyer to file a motion to terminate support before you put away the checkbook.

For more information, please read our article, How to Avoid Paying Alimony or Spousal Support in New York

Hornberger Verbitsky, P.C. Can Help You Get Alimony Terminated

At Hornberger Verbitsky, P.C., we know how frustrating it can be to have an ex-spouse that is committed to taking everything you have after the divorce. We have the skills and experience to provide you with comprehensive family legal support throughout the process. If you were ordered to pay alimony and believe you have circumstances that could qualify to have it terminated, contact us as soon as possible to get the filing process started.

Call now at 631-923-1910 or send a quick message to our legal team using the form on this page and we’ll get back with you as soon as possible to answer your questions. We look forward to hearing from you.

The number of households headed by single fathers has grown exponentially in the last couple of decades. In 1960, only about 1 percent of families had a single father, but that number more than quintupled to 8 percent in 2013 (Pew Research Center). In 2017, it rose to 16 percent  (Institute for Family Studies), and to 17 percent in 2020 (Gitnux). In 2022, as many as 20 percent of single-parent households were managed by fathers (U.S. Census).

At the same time, the poverty rate among single fathers is also very high. Spousal Support, otherwise known as alimony, was created to help a lesser-earning ex-spouse make financial ends meet until that time that they could support themselves. Traditionally, alimony was seen as a tool for single mothers. Now, with the rise in the numbers of fathers may have sacrificed their career to take a more active role in the raising of a couple’s children, New York state law entitles parents of any gender can get alimony on Long Island, NY. Achieving spousal support is always about demonstrating your needs and your spouse’s means, so it’s on you to make a good case to get alimony. Here’s what single fathers can do and where to get qualified legal help to ensure you receive the support you need.

Do I Have to Prove Paternity to Get Alimony?

Paternity doesn’t have anything to do with alimony; that’s child support. You can get spousal support on Long Island, NY even if you don’t have children. However, you’re likely to get more if you’re the parent primarily responsible for caring for the children of the marriage.

If you were married at the time your child was conceived and born, then New York law assumes that you are the father. You won’t need to prove paternity, but your spouse can request to disprove paternity if they think that you’re not the father.

If you weren’t married at the time your child was conceived or born, you will need to take a court-approved paternity test to establish your child’s parentage. Not just any test will do – you need to go through a specific process, usually with a dedicated laboratory, to provide the court with accurate and secure results.

How Single Dads Can Qualify for Alimony

Either spouse may qualify for alimony if they were the lesser earning spouse during the marriage. If you gave up a career or missed out on educational opportunities to stay home with the kids so your spouse could pursue a career, you may be entitled to financial support from your ex-spouse until you’re able to provide for yourself and your children.

To qualify, you must be able to show the following:

• That you were legally married
• How long the marriage lasted
• The standard of living that was established during the marriage
• Your age, physical and mental health, education, and employability
• The age, physical and mental health, education, and employability of your spouse
• Your earning capacity and ability to be self-supporting
• Evidence of permanent disability if petitioning for ongoing support

Can I Get Alimony and Child Support?

Single parents – fathers or not – have a large burden on their shoulders when it comes to providing financially for their children. Food, housing, education, clothing, and social activities can be expensive, especially if you have more than one child. If you’re the primary caregiver for your kids, you may be able to get both alimony and child support.

Alimony is designed to “bridge the gap” between married life and being able to support yourself. Many spouses leave decades-long marriages with few earning opportunities because they had to stay home to raise the children.

Child support is intended to specifically meet the financial needs of children in your care. If you can prove to the court that you were married long enough to get spousal support and you are awarded primary physical custody, your spouse will most likely be required to pay both.

Single Fathers Can Get Legal Help with Alimony Today

At Hornberger Verbitsky, P.C., we offer comprehensive legal advocacy for single fathers who need an attorney’s help to fight for their family and their rights as a dad. We know how challenging the process of standing up to the legal system is as a single father, and we’re here to connect you to the resources you need to succeed.

Contact our team today to learn more about alimony for single fathers on Long Island or to book a free initial consultation to discuss your case. We’re standing by to assist you. Call now by dialing 631-923-1910 or send us a quick message using the form on this page and we’ll get back to you right away.

Managing money after a divorce can be incredibly challenging, especially for dads on Long Island, NY. If you’re a divorced dad, here are some tips to help divorcing fathers get control over their finances and how Hornberger Verbitsky, P.C. can help.

Cut The Expenses You Can

When you’re living on your own as a single father after a divorce, you’ll be financially responsible for your household expenses, food, and transportation. If you’re paying alimony or child support – or likely even both – you’ll need to include those costs too. All this adds up and can leave newly single dads on Long Island, NY without enough resources to make ends meet.

See what expenses you can cut. Start with the obvious, like cooking at home instead of dining out, buying off brand items when it doesn’t really matter. Then move on to more dramatic reductions, like selling your car and switching to public transportation. This can save you on car payments, fuel, maintenance and even insurance. This helps the money you do have go further.

Look For Ways to Get Extra Money

If possible, it’s also a good idea to try to add money to your income. This can be done a few different ways, like working a second job or completing odd jobs for people around your community.

You may even be able to apply for state benefits that give you money for food, housing, and childcare, so you can spend your own funds on things the state won’t cover, like furniture, clothing, school supplies, etc.

Make Your New Budget Work for You

Once you’ve eliminated excess spending and started to bring in new revenue, it’s time to see how much you’re working with and what expenses are going out on a regular basis.

Make a budget that you can follow with different spending categories for things like gas, groceries, and insurance. Include both fixed and variable expenses, so you know exactly what needs to come out of your account every month. If you’re making more than you spend, be sure to put some of your money back in savings.

Save For Emergencies & Retirement

If you have flexibility with your income, try to save some money back to cover emergencies if they come up and for your retirement. When you no longer have a spouse that contributes to your retirement, it’s up to you to calculate how much you’ll need to retire comfortably and how much you should save per week or month to get there.

Make sure you’re prioritizing setting this aside – it can be hard to do when you’re on such a tight budget, but divorced dads have limited time with which they can establish a healthy enough retirement fund to support them in their later years.

Get Rid of Any Debt You Can

Finally, it’s important to take care of any debts that you owe. This includes both debts that are in your name only as well as debts that you and your spouse have together. If you have a joint debt that your spouse stops paying, it will still have a negative effect on your credit until it’s paid.

Creditors and lenders don’t change the responsible parties on debts after a divorce, so both people listed are still subject to collection action for as long as the money is owed.

It may be frustrating to be the one making the payments that your spouse agreed to make, but if you don’t, you’re hurting your financial future. It’s better to pay off the debt you have and avoid taking out new debts if possible. If you do, make sure they’re only in your name and not another joint debt.

Talk To a Qualified Long Island, NY Divorce Lawyer

One of the most important things you can do as soon as you know you’re going to get a divorce is to talk to an experienced Long Island, NY divorce lawyer. You can even book a free consultation if you only suspect your spouse wants a divorce or if you’re considering divorce yourself.

At Hornberger Verbitsky, P.C., we have extensive experience representing fathers in their family legal cases and we can help you navigate the many challenges of ending your marriage. Contact our office today to schedule a time to speak with one of our veteran New York divorce attorneys by calling 631-923-1910 or fill in the short form on this page and we’ll get back to you to schedule your free case evaluation.

When it comes to divorce, there are often many financial problems that parties on both sides face. However, with men often (but not always) being the primary family breadwinners, they often incur more financial consequences when it comes to equitable distribution, child support, spousal support, and legal fees.

As a result, men often experience a reduced quality of life after divorce than they had before. Here’s what to know about the top financial problems men face when leaving their spouses and how a Long Island, NY divorce attorney can help you protect your assets.

Equitable Distribution Often Does Not Favor Men

Arguably, the biggest financial issue men face when leaving a marriage is the division of the couple’s assets and debts. This can be a very contentious issue, with both sides fighting for what they feel is fair.

Unfortunately, in many cases, men are often left with more debt than their spouses, or with less valuable assets. This can be a major financial setback, especially if you were counting on those assets to help support you after the divorce.

Men Often Have to Pay Alimony or Spousal Support

Another problem men face during divorce is being ordered to pay alimony. Spousal maintenance is often awarded to the spouse who earned less money or who stayed home to care for the children while the other spouse worked. If you are ordered to pay alimony, this can be a significant financial burden.

You may have to make sacrifices in your own budget to meet these obligations and in some cases, the support you are ordered to pay can be so high that it becomes difficult to make ends meet for yourself.

Men Often Have to Pay Child Support

Men who have children and get divorced incur another financial obligation that can be costly. How much child support a non-custodial parent has to pay is usually based on a percentage of their income, but many men find what’s left over difficult to live on.

Child support payments can be very expensive, especially if you have multiple children. Additionally, child support payments are often not tax-deductible. This means that you will have to pay taxes on the money you pay for child support, even though it won’t count as income.

Men Often Have to Pay Legal Expenses for Both Parties

Legal expenses are another financial issue that tends to disproportionately affect men who are getting a divorce. Dissolving a marriage can be very expensive, even if you use an affordable attorney. You may also have to pay other legal costs, such as filing fees or court costs. Furthermore, if you and your spouse cannot agree on all aspects of your divorce, you may have to go to trial, which can add even more expense to an already costly process.

How Divorce Impacts Men Financially

There are many other ways that getting a divorce impacts men financially, particularly once the process of dissolving the marriage is complete. Men who are going through a divorce often see a significant decrease in their income and experience a lower standard of living.

This is largely because they are no longer sharing expenses with their spouse and may also have to pay alimony and child support. As a result, many men find it difficult to meet all of their financial obligations.

Divorce can also lead to late payments on bills and other debts, making it difficult to obtain loans or credit cards. With higher expenses and lower income after a divorce, non-essential expenses like past medical bills and credit card debt may go without payment. This lowers your credit score and makes it hard to rebuild.

How To Protect Your Finances in a Long Island, NY Divorce

It’s important to be honest about your assets during a Long Island, NY divorce. Hiding assets can have serious consequences, including jail time. If you’re caught hiding assets, the court may order you to pay your spouse’s attorney fees and other legal expenses. Additionally, it can damage your credibility in court and make it more difficult to negotiate a fair settlement.

It’s also imperative that you begin working with a qualified and experienced Long Island, NY divorce attorney as soon as possible. An experienced attorney can help you navigate the complex financial issues involved in a divorce and protect your interests long term. Contact Hornberger Verbitsky, P.C. today for more information or to book a free case consultation by calling 631-923-1910 or fill out the short form on this page

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

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No child should have to choose between their parents, but sadly, some exes often make this the reality in cases of divorce or separation. Parental alienation occurs when one parent attempts to undermine the relationship between the child and their other parent. This can take many forms, from disparaging comments about the other parent to outright refusal to allow contact.

Parental alienation can be extremely difficult and profoundly impactful on children. It can damage their relationship with both parents and cause them significant psychological distress. It can also lead to problems in school and social settings.

If you’re a single father on Long Island who is dealing with parental alienation, you may feel helpless and alone. But there are steps you can take to fight back against this destructive behavior. Keep reading to learn more.

The Negative Impact of Parental Alienation on Children

Effects On the Father-Child Relationship

The effect of parental alienation on the father-child relationship can be profound and long-lasting. When a child is alienated from a parent, they often experience feelings of guilt, shame, and confusion. This can lead to a rift in the relationship that may be difficult to repair. Additionally, the child may struggle with trust issues and have difficulty forming future relationships, particularly with men, even as an adult.

Consequences of Parental Alienation

The consequences of parental alienation can be far-reaching and devastating. In some cases, it can result in the complete estrangement of a child from a parent. This can cause tremendous emotional pain and suffering for both the child and the parent involved. Additionally, it can interfere with the development of a healthy parent-child relationship and lead to behavioral problems and mental illnesses like depression and anxiety.

Signs of Parental Alienation

Undermining the Alienated Parent’s Authority

Parental alienation typically involves one parent systematically undermining the authority of the other parent in the eyes of their child. The goal is to make the child feel that they cannot trust or respect the targeted parent, and that they would be better off without them in their life.

Parents who do this may:

• Badmouth the targeted parent in front of the child
• Tell the child that their other parent doesn’t really love or care about them
• Make false allegations of abuse against the targeted parent
• Refuse to let the child see or speak to the targeted parent
• Tell the child that the targeted parent is not really their mother or father

Disparagement of the Alienated Parent

In addition to undermining the authority of the alienated parent, it can also involve actively disparaging them in front of their child. The goal is to make the child see their other parent as someone who is unworthy of their love and respect.

For example, the ex might start:

• Calling the alienated parent names
• Telling lies about them to their child
• Making false claims about their character or parenting abilities
• Telling stories that paint them in a negative light

Parentification of the Child

In some cases of parental alienation, one parent will try to turn their children into mini-adults by giving them adult responsibilities or involving them in adult problems. This can have a number of negative effects on children, including:

• Feeling like they need to choose only one parent or choose “sides” in arguments
• Feeling like they need to take care of one or both parents
• Feeling overwhelmed and stressed by the adult responsibility placed on them
• Becoming withdrawn and depressed

How to Fight Parental Alienation on Long Island

It’s important for fathers to understand that they have rights when it comes to their children, even if they are not married to the child’s mother. In New York, fathers have the right to petition for custody and visitation of their children. If you are facing parental alienation, it is important to assert your rights in court and make it clear to the judge that you are an active and involved parent in your child’s life.

If you suspect that your ex is engaging in parental alienation, it is important to take action to protect your relationship with your child. The attorneys at Hornberger Verbitsky, P.C. have extensive experience handling these types of cases and can help you protect your relationship with your child. Contact us today at 631-923-1910 or fill in the short form below to learn more about how we can help you fight parental alienation on Long Island.

GET YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Horberger Verbitsky, P.C. partners Robert E. Hornberger, Esq. and Christine M. Verbitsky, Esq.

Get your complimentary consultation and case evaluation with our experienced attorneys today.

Your attorney will describe the many options available and determine together which is the right solution for you. By the end of this  conversation, we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, answer your questions and learn if Hornberger Verbitsky, P.C. is right the right law firm for you. Give us a call at 631-923-1910 or fill in the short form below for your free consultation and case evaluation.

All Fields Are Required