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.