The divorce process is often exceedingly complex. However, the family law courts aim to be as predictable and fair as possible. A New York court of appeals ruled in broad favor of these goals earlier this month.

The court determined that the strict criteria for temporary child support and spousal support payments outlined in a 2010 state law must be upheld. The 2010 law mandates that a certain formula must be used when calculating these payments. If a judge wishes to deviate from this formula, he or she must adhere to the conditions and criteria set out in the text of the law.

The formula particularly affects the temporary awards granted to divorcing spouses who are not as wealthy as their partner. Before the law was instituted, judges had a great deal of discretion in determining temporary awards. They must now calculate these payments quite precisely. They also must justify any exceptions that they grant to these rules.

Rather than shortchanging or inflating the payments, judges must base the temporary awards on calculations related to income level. All living expenses are intended to be covered by the amount of the award. Should judges grant exceptions to the formula, they must outline their justifications in a particular way.

This ruling clarifies the question of whether or not basic living expenses are addressed in the formula's calculations. It also clarifies what kinds of exceptions may be made. Generally, basic living expenses, which include child care, health care and housing, will not be considered exceptions to the formula.

This clarification will hopefully provide an increased sense of predictability to the divorce process.

Source: Thomson Reuters Westlaw News, "Appeals court sets guidelines for alimony and child support," Joseph Ax, Feb. 7, 2012