Jacksonville family law attorney Cindy Lasky offers advice and representation in the following matters: Divorce and legal separation Complex property division problems in divorce cases Military divorce Alimony and modification of
alimony obligations in...
Not exact matches
Bankruptcy will not normally wipe out: (1) money owed for child support or
alimony, fines, and some taxes; (2) debts not listed on your bankruptcy petition; (3) loans you got by knowingly giving false information to a creditor, who reasonably relied on it
in making you the loan; (4) debts resulting from «willful and malicious» harm; (5) student loans owed to a school or government body, except if the court decides that payment would be an undue hardship; (6) mortgages and other liens which are not paid
in the bankruptcy case (but bankruptcy will wipe out your
obligation to pay any additional money if the property is taken back by the creditor).
However, student loans are among a handful of debts (child support,
alimony, tax
obligations, fines and fraudulent debt) that can't be discharged, except
in very rare instances.
This put student loan debt
in the same category as financial
obligations like child support,
alimony and criminal fines.
Since secured loans, child support and
alimony and some other debts can not be included
in a bankruptcy, you will still need to make your regular payments on these
obligations even if you declare bankruptcy.
Jim will be paying $ 30,000 a year
in college fees for his two sons and $ 18,000
in alimony for his ex-wife Sandra, an
obligation that will end
in three years.
Instead, we hold that voluntary retirement at a customary age is simply one factor, albeit an important one, to be considered by the judge
in deciding whether to modify the
alimony obligation set forth
in a divorce judgment.»
For example, if the party receiving
alimony decides to get remarried, the Arizona court has a legal
obligation to terminate any remaining
alimony payments, unless both parties agreed
in the
alimony order that the remarriage of the spouse receiving the
alimony payments would not have those payments terminated upon remarriage.
If you have been awarded
alimony in a divorce or separation, you can use a Demand for Alimony Payment to help remind your former spouse of their oblig
alimony in a divorce or separation, you can use a Demand for
Alimony Payment to help remind your former spouse of their oblig
Alimony Payment to help remind your former spouse of their
obligations.
Claims
in divorce create the right, but not
obligation, to request money or property such as equitable distribution of marital property,
alimony, spousal support, or legal fees.
Even though you're getting divorced, you may still rely on your former spouse for financial support —
alimony, child support, and mortgage payments are just some of the financial
obligations ex-spouses may negotiate
in the divorce settlement.
An ex-spouse paying
alimony may find that it's the ideal solution to make sure and fulfill these
obligations in the event of your death.
This expense will allow the family's financial
obligations to continue to be fulfilled
in the event of the spouse paying child support or
alimony dies.
According to Kentucky law, either spouse may be awarded
alimony, also called maintenance, if he or she lacks the property to provide for his or her own needs, and is unable to find appropriate employment, or is unable to work because of
obligations to care for children or others
in his or her custody.
Alimony obligations can range
in duration from months to years to forever.
In Iowa,
alimony is a payment that replaces a spouse's legal
obligation to support his spouse during the marriage and it must be court - ordered.
Support payments,
alimony or similar
obligations in place prior to the second divorce / support proceeding are considered
in modifications.
In this agreement, you and your spouse will outline how your marital property will be split; whether
alimony will be paid, including the amount and duration; and if you have children, the custody arrangement and child support
obligation.
However, whether you file bankruptcy before or after the divorce, you must remember that domestic support
obligations (such as post separation support,
alimony and child support), as well as equitable distribution agreements, are not dischargeable
in the bankruptcy.
In George v. George, 476 Mass. 65 (2016) the Supreme Judicial Court said temporary
alimony does not affect the length of general term
alimony obligations.
In making an equitable apportionment of marital property, the family court must give weight in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its orde
In making an equitable apportionment of marital property, the family court must give weight
in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its orde
in such proportion as it finds appropriate to all of the following factors: (1) the duration of the marriage along with the ages of the parties at the time of the marriage and at the time of the divorce; (2) marital misconduct or fault of either or both parties, if the misconduct affects or has affected the economic circumstances of the parties or contributed to the breakup of the marriage; (3) the value of the marital property and the contribution of each spouse to the acquisition, preservation, depreciation, or appreciation
in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its orde
in value of the marital property, including the contribution of the spouse as homemaker; (4) the income of each spouse, the earning potential of each spouse, and the opportunity for future acquisition of capital assets; (5) the health, both physical and emotional, of each spouse; (6) either spouse's need for additional training or education
in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its orde
in order to achieve that spouse's income potential; (7) the non marital property of each spouse; (8) the existence or nonexistence of vested retirement benefits for each or either spouse; (9) whether separate maintenance or
alimony has been awarded; (10) the desirability of awarding the family home as part of equitable distribution or the right to live therein for reasonable periods to the spouse having custody of any children; (11) the tax consequences to each or either party as a result of equitable apportionment; (12) the existence and extent of any prior support
obligations; (13) liens and any other encumbrances upon the marital property and any other existing debts; (14) child custody arrangements and
obligations at the time of the entry of the order; and (15) such other relevant factors as the trial court shall expressly enumerate
in its orde
in its order.