Sentences with phrase «if alimony awarded»

Not exact matches

IRS considers child support to be paid first, followed by alimony, if more than one type of payment has been awarded.

In some states, a judge might increase the duration or amount of the innocent spouse's alimony award if he or she has proven the other spouse committed adultery.

This means that if the judge decides to award alimony to the obligee, the obligor might have to pay it permanently or just for a set period of time.

If the supporting spouse is not «at fault» for the breakup of the marriage and is willing to take the other spouse back, can the family court award alimony?

These four main points are assessed against the spouse petitioning for alimony and will help determine if spousal maintenance is a fitting award in the first place.

A Demand for Alimony Payment can help you be treated fairly, if you were awarded aAlimony Payment can help you be treated fairly, if you were awarded alimonyalimony.

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 obligalimony in a divorce or separation, you can use a Demand for Alimony Payment to help remind your former spouse of their obligAlimony Payment to help remind your former spouse of their obligations.

Given that South Carolina statutory law already provides that alimony may be awarded to a spouse who commits adultery if a formal written property or marital settlement agreement has already been signed (S.C. Code Ann.

If you're seeking alimony, you need to understand that divorce law has evolved to a point where a court is less likely to award long - term alimony than in the past.

Some states do not award alimony unless there is some form of wrongful conduct and those are often times only seen in fault divorces, where one spouse can prove something like abandonment, financial abuse, addiction, physical abuse, adultery, child abuse, etc. most states, now, are no fault, and if alimony is available it's often only rehabilitative.

If the circumstances of a divorce result in a large income or employability disparity between the spouses, then short - term or long - term financial compensation could be awarded to one spouse from the primary wage earner in the form of spousal maintenance (commonly known as alimony).

Most types of alimony awards may be modified or terminated if there has been a substantial change in circumstances since the final judgment was originally ordered.

In a divorce, we understand that the spouse whom we represent will have important questions: what will happen to the marital property, will alimony or spousal support be awarded (and if so, how is this determined), what will happen to our house, vehicles, and other significant assets, who will be entitled to live in the current residence, and how will custody matters be determined?

Alimony, termed spousal support in some states, is awarded if one divorcing spouse earns significantly more than the other.

If the equitably divided marital assets will adequately provide for each party, no alimony should be awarded.

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.

Kentucky courts can award maintenance — also called alimony or spousal support — to either spouse if it finds that one spouse does not have sufficient property to provide for his needs and can not support himself by finding a job.

If the residency requirement is met, divorce papers can be filed and the court will divide the marital property and award alimony, if applicable, before issuing a final divorce decreIf the residency requirement is met, divorce papers can be filed and the court will divide the marital property and award alimony, if applicable, before issuing a final divorce decreif applicable, before issuing a final divorce decree.

If you have been awarded an alimony payment and your ex-spouse is not adhering to those requirements, you may want to hire a post divorce attorney and go back to court to have the alimony payments enforced.

If your divorce decree prohibits your ex-spouse from living with her boyfriend while she has custody of the kids, or her alimony award will be terminated if she moves in with him, these would be sufficient grounds for petitioning the court to make changes to your decreIf your divorce decree prohibits your ex-spouse from living with her boyfriend while she has custody of the kids, or her alimony award will be terminated if she moves in with him, these would be sufficient grounds for petitioning the court to make changes to your decreif she moves in with him, these would be sufficient grounds for petitioning the court to make changes to your decree.

Massachusetts divorce law, Chapter 208 of the Divorce General Provisions, states that alimony is not awarded if the requesting spouse receives other property in the divorce.

During the divorce proceeding, the court will divide marital assets and award alimony, if necessary.

Annulments treat the marriage as if it never existed and do not involve many of the time consuming issues associated with divorce, such as dividing property and awarding alimony.

So, if the alimony guidelines become official, where in the range of amount and duration of alimony will any particular award fall?

If a judge awards you temporary support, it does not necessary mean you'll receive alimony beyond that point.

Generally, if you are 45 or younger, the court will award alimony for about five years and expect you to complete education or training, if necessary, to obtain better employment.

By way of example, if a spouse gambles away savings and retirement funds (or has used income to maintain a drug or other addiction which took money away from the family unit), and the remaining assets are inadequate to allow the other spouse to recoup her share of what was squandered (in addition to what he or she otherwise would receive), an appropriate savings and retirement component can be included in (added to) the base alimony award.

Unfortunately, if your divorce has gone final and you do not have a pending claim for alimony at the time your divorce is finalized, then a North Carolina court does not have jurisdiction to award you alimony.

Most people think a post-nuptial agreement will only address the events that occur if spouses divorce (such as how property will be divided, whether and how much alimony will be awarded, etc.).

Ongoing expenses that may be incurred if one spouse is actively attending college can influence the amount of alimony awarded to a spouse.

If a party who is receiving alimony is attending college or seeking job retraining, the court may increase the award of alimony accordingly.

This means that if the spouse who is the lower earner can not support themselves, the judge will award them alimony, even if they were the one who committed the adultery and were the one to initiate the divorce.

Most types of alimony awards may be modified or terminated if there has been a substantial change in circumstances since the final judgment was originally ordered.

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 order.