Sentences with phrase «of alimony based»

Not exact matches

Because the lender will base his or her decision on the amount you can borrow largely on the amount of disposable income you have coming into your household, be sure to list all income sources - although you are not required to divulge child support or alimony unless you wish them to be considered for the purpose of determining your loan availability amount.
However, voluntary retirement is also a basis for a modification of alimony when the voluntary retirement is reasonable.
The modification of spousal maintenance, however, may depend upon whether alimony was awarded by a judge after a trial or was based upon an agreement of the parties.
A de facto marriage (a non-legalized marriage that assumes a couple is married by virtue of their cohabitation) may, however, constitute a basis for modifying or terminating alimony in Arizona.
If there has been an allegation of domestic violence that gave rise to a divorce case that was filed on the basis of cruelty that also could potentially impact alimony determinations based on this new law.
Alimony awards may be based upon one of the spouse's child rearing or homemaking responsibilities and efforts.
The sole basis for that court's determination of fault was that, under Florida law, a wife found guilty of adultery can not be, as Mrs. Firestone was, awarded alimony.
Time, the court reasoned, should have realized that a divorce decree containing an award of alimony could not, consistent with Florida law, have been based on adultery.
You can spend a lot of money on an attorney, but that won't change the fact that alimony, also known as spousal support, is always determined based on the same legal guidelines.
The chart was derived from the following sources: Laura W. Morgan and Brett R. Turner, Attacking and Defending Marital Agreements § 6.032 at 257 - 267 (ABA 2001); Alexander Lindey and Louis I. Parley, Lindey and Parley on Separation Agreements and Antenuptial Contracts § 22.65 [1](2000); John J. Michalik, Annotation, Modification of Agreement - Based Divorce Decree - Alimony, 61 A.L.R. 3d 520 (1975 & Supp.)
Alimony is determined according to a complex formula that is based on a number of factors.
In cases in which spouses can not agree on alimony, the court will decide the issue based on a number of factors.
Based on the valuations and earning capacities found by the family court and affirmed by the Court of Appeals, the family court ordered Husband to pay substantial alimony, retroactive support and attorney's fees.
For that reason, a judge will consider whether alimony should be awarded based on some or all of the following factors:
Ex-spouses seeking to reduce their alimony based upon reduced earnings have the burden of proving reduced income and earning capacity.
In fact, the American Law Institute's Principles of Family Dissolution recommend that Courts use a years - of - marriage - based schedule in determining an alimony award.
Determining the amount of spousal support is based upon the length of marriage, both spouses» incomes and the ability of the spouse to support the alimony recipient.
While these items come up in every divorce case, it is possible to determine the likelihood of being awarded child support or alimony based on the basics that family judges use to make these awards.
The court calculates child support and alimony totals based on the yearly income of each party, how many children they have, cost of living and other factors involved in the raising of children.
Spousal support, or alimony, is a court - ordered sum of money paid by one spouse to another on a periodic basis following the dissolution of a marriage or common - law union.
If there is a need and an ability, the laws then have presumptions of whether short term, medium term, or long term alimony is appropriate based on the length of the marriage and other factors.
Alimony and child custody are two examples of court orders that often appear in divorce decrees and can be modified at a later date based on each individual's changing financial situation.
Typically alimony is based on the standard of living enjoying during the marriage.
The law in Massachusetts permits several forms of alimony, and awards are made based upon a number of factors, such as the length of the marriage, the needs of the recipient and the payer's financial status.
If a former spouse wants to change either custody or alimony terms based on an ex-spouse's cohabitation, he must request the change by petitioning the court for modification of the divorce decree.
Spousal maintenance (sometimes referred to as alimony) is money paid by one spouse to the other as part of the divorce decree, or on a temporary basis while the divorce is pending.
It is likely that not only alimony, but child support will need to be reevaluated based upon the new tax reform bill if it becomes the law of the land.
PERMANENT ALIMONY - spousal support is based on the recipient's need for income to maintain a standard of living and the payor's ability to pay.
Instead, the court sets the term and amount of alimony payments based on several factors.
Alimony or maintenance may be awarded on a temporary or permanent basis on consideration of the following factors:
Unlike a property division, alimony exists for the support and maintenance of the dependent spouse based upon the standard of living during the marriage.
Networking events: «Life After Divorce» is a $ 40 NYC - based event for women in the throes of a divorce where they drink cocktails named «Alimony» and «Settlement» and mingle with matchmakers, nutritionists, psychics, and divorce lawyers.
Rather, alimony is determined based on criteria laid out in the alimony statute and varies from case to case based on the incomes or income - earning ability of the spouses, the length of the marriage, the educational background and earnings history of each spouse, and the standard of living that the parties were able to achieve in their marriage.
Tennessee courts can award one of several types of alimony available, based on a number of factors that generally include duration of marriage, age and mental health of the receiving spouse, and education and potential need for training for the receiving spouse.
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.
The court awards alimony on a temporary or permanent basis based on the owing spouse's ability to pay, the spouses» ages, the duration of the marriage, and the requesting spouse's ability to work.
The court determines whether to award alimony, the amount, and duration based on the interests of justice and the situation of the parties.
Based in Phoenix, AZ The Cantor Law Group handles all aspects of divorce, including adoption, child custody, child support, alimony and other family law matters.
If signed, the bill would have created a presumption in favor of 50/50 child custody, eliminated permanent alimony, and permitted (in certain circumstances) those who had already been ordered to pay alimony to seek a modification based on the new law.
Term alimony is for a specific number of years, usually based on the number of years between the date of marriage or cohabitation and the date the complaint for divorce was filed.
For example, if the separation agreement has been incorporated into a court decree, but not merged therein, then the court has the power in Pennsylvania to modify alimony terms based on a substantial change of circumstances, as long as the contract specifically states that the alimony, is modifiable.
The guidelines provide a formula - based calculation for spousal support or alimony pendente lite (APL) which only applies until the final resolution of your matter.
Spousal support or APL is entirely different from post-divorce alimony which is discretionary upon the court and based on a list of 17 factors present in the alimony statute at 23 Pa..
Rather, whether or not to award post-divorce alimony lies within the exclusive discretion of the court and based on 17 different factors that it can consider in the Pennsylvania alimony statute (23Pa.
The duration of general term alimony may be limited based on the length of the marriage.
Under the new state law about alimony, support will be based upon the needs of the parties and their actual ability to pay, not on entitlement.
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