How much discretion does the Court have in determining the amount and duration of a maintenance award?
Tons. Unlike child support, there are no set guidelines and the practical reality is there can be differences in awards based upon the same facts depending on how the court sees it. How your attorney presents the facts, may well affect the Courts determination. Back To Top Custody & Visitation Q: My ex-spouse lives in another State with our children; the state where we lived together and where we got divorced. Can I take her to Court in New York to enforce my visitation? A: No, you have to go back to the State in which she lives. Q: My ex-spouse lives in another State with our children, but our divorce was in New York. Can I take her to Court in New York to enforce my visitation? A:Yes, but the Court may decide that the State your ex-spouse lives in now has jurisdiction instead of New York. It depends on how long she has lived there, and where any other actions pertaining to your children has taken place. Q: I have custody of my children and my ex-wife constantly tells me she can get c