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Monthly Archives: September 2013

Courts make mistakes, and can correct them.

Although trial courts have discretion to determine amount and duration of spousal maintenance based upon the unique facts of each case, they do make errors.  In a recent case the husband had a net income of $5,213.92 each month.  After considering the factors required for spousal maintenance, the trial court ordered the husband to pay his wife $2,000 per month in spousal maintenance, even though he had $3,818 in living expenses.  Thus, from his $5,213.92 in net monthly income, he would have had only $1,395 left to pay the maintenance, plus a child support award of $235.34 per week.  On appeal, the Appellate Division remitted the case, instructing the trial court to recalculate the husband’s obligations.  Jaramillo v. Jaramillo, (Second Dept. 2013).

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