However, in limited situations, a court may decide that the formula requires a payment amount that is inappropriate or unfair, and adjust the amount of the
temporary maintenance award.
In this way, no court - ordered maintenance is awarded; however, the spouses have provided a different form of «consideration» for the absence of a
specific maintenance award.
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maintenance awards of up to # 6,000.
The Court told the lower court to review the spousal
maintenance award in light of the new division of community property.
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Judging from the record, the court approved the spousal
maintenance award based solely on Husband's disability income, which would mean his loss of part - time work that the court was unaware he had in the first place, does not constitute a change at all.
However, enhanced earning capacity developed during the marriage through licensing or advanced degrees can still be factored into the judge's determination of post-divorce spousal maintenance, equitable distribution, or for making a spousal
maintenance award on income in excess of the new income cap.
Alternatively, we have seen spousal
maintenance awards granted by judges after trial only because the person ordered to pay spousal maintenance was poorly represented and the judge did not hear relevant evidence which, if presented, may have resulted in an entirely different outcome.
Wife actually had plans to marry her love interest, but admittedly canceled the wedding when she discovered her marriage would terminate her Arizona spousal
maintenance award as a matter of law.
• The spouses» age and health (A
larger maintenance award may be granted if one spouse is significantly older or has bad health.)
The formula for assessing
child maintenance awards was previously very complex, but it was amended by the Child Support, Pensions and Social Security Act 2000 to a far simpler «flat rate» system.
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park maintenance awards.
Furthermore, the judge had assessed the wife's needs at # 4,250 per month (and her earning potential as # 500 per month) and therefore a
further maintenance award based on bonus payments could not, in any circumstances, be justified, especially as the judge had specifically said that the husband's bonuses were not included in his maintenance computation, ie, they were additional to the wife's needs.
Moylan J deployed Bennett J's pruning treatment and assessed the wife's
realistic maintenance award at # 175,000 p / a (a 67 % reduction).
By way of background, the legislature's approach to temporary
maintenance awards experienced a seismic change in 2010 when Domestic Relations Law § 236 (B)(5 - a) was signed into law, bringing with it a formula that must be used to determine the amount of support.
At the law offices of Modern Law, PLLC, our experienced Scottsdale spousal maintenance attorneys have seen too many people walk away from recovering a spousal
maintenance award because the process is too confusing or too divisive.
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A spokesman for Gov. David Paterson confirmed he has signed the legislation — actually a package of bills that also includes the establishment of post-marital income guidelines
for maintenance awards and the required awarding of counsel fees toward the beginning of the divorce process — after «much internal debate», and is poised to make a formal announcement sometime today.
Usually, most spousal
maintenance awards granted post-divorce won't extend beyond three years, though there are sometimes exceptions.
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Instead, Washington courts base
maintenance awards on factors such as the length of the marriage and spouses» health, ages and employment history.
In Arizona, a
spousal maintenance award in a divorce decree can only be modified if the parties» financial circumstances have changed.
«In New York if you went from county to county, even case to case,
maintenance awards were all over the board.
Most Arizona judges consider marriages of less than ten years to be marriages of short duration, which may result in a smaller amount or shorter duration of a spousal
maintenance award.
The Arizona Court of Appeals affirmed the spousal
maintenance award, the division of property and debts, as well as the modification of spousal maintenance.
There is no reasonable argument that can be made that the court would have decreased the amount of the spousal
maintenance award had the court been aware of the additional income.
Maintenance awards are paid by one spouse to the other and are meant to help the receiving spouse get through the divorce process and then adjust to a new financial situation after divorce.
The court will hear arguments from both the husband and the wife and the court will issue
a maintenance award to either spouse if it finds that one of the parties:
This is not to say the court will make a spousal
maintenance award to keep the spouse receiving spousal maintenance at that same standard of living.
Even if you can't afford to hire a lawyer to represent you in the entire case, pay for an hour or two of a lawyer's time to evaluate what kind of property division,
maintenance award and parenting arrangements are within the range of the possible and likely if you go forward to a permanent orders hearing.
But, changes the parties already considered when they entered into a divorce settlement can not justify a modification of that spousal
maintenance award.
Three years later, Mr. Chaney filed a petition requesting modification of the spousal
maintenance award.
The amount and duration of a spousal
maintenance award will vary depending upon the factors listed in the statute.
In Linton, the spouses entered into a settlement agreement that included a spousal
maintenance award.
Therefore, the court found that Mr. Chaney's retirement did not constitute a substantial and continuing change in circumstances to justify modifying the spousal
maintenance award.
Possible future changes in a spouse's employment can not be considered in establishing a spousal
maintenance award.
The trial court could not have considered it when establishing the initial spousal
maintenance award.
Curran Law Office obtained
a maintenance award in Juneau County Circuit Court (Judge Evenson) of $ 125,000 over 16 years for our Mauston client, despite the fact that during the marriage our client worked full time, and the parties had a combined annual income of less than $ 50,000.
Ideally, a balance is struck through property division and spousal
maintenance awards that allows each spouse to walk away from the marriage without any substantial decline in lifestyle.
Spousal
maintenance awards can be temporary until the receiving spouse becomes self - sufficient, or permanent in the case of longer marriages.
Guidelines were recently put into place in Illinois with the hope that it will create some consistency in
the maintenance awards, both in amount and duration.