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
Discharge types
of debts singled out by the bankruptcy law for special treatment, such as child support and
alimony (known as Domestic Support
Obligations), student loans (but tuition is dischargable), court restitution orders, criminal fines, and some taxes.
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.
To calculate, add all
of your debt
obligations: mortgage, car loans, insurance, credit card, and other
obligations you may currently have, including child support or
alimony.
If you are paying
alimony or child support, include marital settlement / court order stating the terms
of the
obligation
Consumers experiencing hardship can ask a judge to modify the terms
of the
alimony or child support agreement, but bankruptcy doesn't exempt the consumer from meeting these
obligations.
Meet one or more
of the eligibility requirements for a hardship withdrawal which include: disability, debt for medical expenses that exceed 7.5 percent
of your adjusted gross income,
alimony and child support
obligations or separation from employment through termination, retirement or quitting.
If divorced or separated Complete executed divorce decree and settlement agreement Payment history
of alimony / child support over the past 12 months, if it is a financial
obligation.
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.
However, if you are not successful on your modification action, the court may order you to pay any arrearage that has accumulated during the period
of time where you were not satisfying your child support or
alimony obligations.
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.
The cancellation
of alimony would not affect child support
obligations since a parent has a duty to support a child irrespective
of the other spouse's financial status.
Here's another frequently forgotten little nugget about life insurance, which is typically required to guarantee the payment
of alimony if you should die while your
obligation to pay
alimony is outstanding.
But what about the couple that says they don't want the legal
obligations of marriage or a civil union (not including their
obligations to any children), but when they break up, one
of them changes direction and demands
alimony?
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.
Where children are residing with the spouse obligated to pay spousal support or
alimony pendente lite (custodial parent) and the other spouse (non-custodial parent) has a legal
obligation to support the children, the guideline amount
of spousal support or
alimony pendente lite shall be determined by offsetting the non-custodial parent's
obligation for support
of the children and the custodial parent's
obligation of spousal support or
alimony pendente lite, and awarding the net difference either to the non-custodial parent as spousal support /
alimony pendente lite or to the custodial parent as child support as the circumstances warrant.
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.
If this is your situation, you will, at minimum, need enough life insurance to cover the loss
of your monthly support payments until your child support
obligation ends (this differs by state),
alimony, ongoing shared expenses (your children's health insurance), and planned contributions to your children's college fund or savings.
As bills and expenses began to pile up during divorce, the
obligations of alimony and child support as demanded by the court system must be adhered to.
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.
It makes good sense to not overextend the
obligation longer than needed; so using your
alimony payments as an example, only get a policy term
of 10 years for 10 years
of alimony responsibility.
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.
The prospect
of legal fees,
alimony, child support, property division and debt
obligations may become stressful and even overwhelming.
Be sure to also include a copy
of your divorce agreement so the court can review your ex-spouse's original
alimony obligation.
(a) Child support and, when the child support
obligation is being enforced by the Department
of Revenue, spousal support or
alimony for the spouse or former spouse
of the obligor with whom the child is living.
The judge looks at the following criteria when it comes to dividing assets: the age
of the spouses, their future earning capacities, the duration
of the marriage, the history
of the property, the tax consequences
of a forced sale, family ties and
obligations, and an allowance for
alimony.
Here's another frequently forgotten little nugget about life insurance, which is typically required to guarantee the payment
of alimony if you should die while your
obligation to pay
alimony is outstanding.
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.
Sometimes referred to as
alimony or spousal support, represents payments
of future income or earnings awarded by the court that one person gives to another to assist with daily living expenses to satisfy any financial
obligations determined to came from the marriage prior to divorce.
But see Maccoby & Mnookin, supra note 27, at 11 (finding that no empirical studies exist to support the contention that divorcing husbands routinely use the threat
of a custody fight to reduce or eliminate their
alimony and child support
obligations).
This neutral professional aids the team by providing un-biased financial evaluation
of the couple's assets, liabilities and by determining
alimony and child support
obligations where appropriate.
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.
The back - end ratio takes into account all
of your monthly debt
obligations: your expected housing expenses PLUS credit card bills, car payments, child support or
alimony, student loans and any other debt that shows up on your credit report.12