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.
In the State of Florida, there is no set formula for alimony and judges have wide discretion in determining the amount and
term of alimony.
What are the implications in
terms of Alimony if she moves out of the country for such a long period of time?
When a court finds that one spouse is at fault for a divorce, it may bring personal satisfaction or vindication for the other spouse; it may also have an impact on the divorce decree in
terms of alimony, property division and custody.
Not exact matches
Maintenance, also
termed alimony, can also be counted if documented in a divorce decree, along with the recurring method
of payment such as automatic deposit.
If someone is guilty
of a crime in this litany
of «neithers» they should or should have been penalized as the law dictates to include jail
terms for pedophiliacs (priests, rabbis, evangelicals, boy scout leaders, married men / women), divorce and
alimony payments for adultery (Clinton, Kennedy, Woods), jail
terms for obstruction
of justice (Clinton, Cardinal Law, B16?)
Factor Description; Length
of the marriage or civil union: Generally,
alimony lasts for a
term or period.
Using our service Factor Description; Length
of the marriage or civil union: Generally,
alimony lasts for a
term or period.
Even when it's an amicable split, divorcees must grapple with the negotiating
terms of settlement:
alimony payments, custody battles, and liabilities.
If you are paying
alimony or child support, include marital settlement / court order stating the
terms of the obligation
Terms calling for payment
of a lump sum in lieu
of alimony at an increasing scale according to the length
of the marriage are common.
For instance, use the
term alimony instead
of spousal support or spousal maintenance.
Under the previous rules, the spouse seeking maintenance bore the burden
of proof as to both the need to receive payments and the ability
of the other spouse to pay them, both during the divorce case and as a limited, temporary or long -
term alimony award as part
of the divorce decree.
Permanent
alimony payments are unheard
of, and even long -
term arrangements are becoming more scarce.
Marriages over 21 years in duration would be classified as «long
term» and have an
alimony limit
of 38 percent
of gross income.
Marriages lasting fewer than 10 years would be considered «short
term» and any
alimony award would be limited to 25 percent
of the payor's income.
For spousal support, mental health issues come into consideration in Virginia in
terms of whether they impact the ability
of the party requesting
alimony to work or the limitations on the higher earning spouses work.
If a person seeking
alimony has some sort
of limitation in
terms of their earning capacity as a result
of a diagnosed mental illness, the court is going to take that into consideration when determining the financial need
of that party.
Spousal support and
alimony are essentially the same thing, although the
term «
alimony» has been phased out over the years, replaced with what is considered the more modern
term of spousal support.
Uncontested: A type
of divorce where both spouses have agreed on
terms, such as
alimony payments and child custody.
In an uncontested divorce, the couple (and their attorneys) settle on all
of the
terms of the divorce, such as the division
of property,
alimony, child custody and support.
The
term palimony, combining the words «pal» and «
alimony,» was coined in the 1976 case Marvin v. Marvin, which involved the breakup
of the relationship
of the late actor Lee Marvin and ex-dancer Michelle Triola (who had changed her name legally to Michelle Triola Marvin).
When none
of those situations exist, (where one person is clearly at fault for so malicious or willful action) in no fault states
alimony is automatically awarded after a certain
terms marriage.
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).
From
alimony payments to child custody arrangements, you and your soon - to - be-ex-spouse may disagree with one another on one or several
terms of the divorce settlement.
When the court decides the
terms of a divorce at trial, the judge has the power to order that
alimony will not terminate if the supported spouse remarries or cohabits with another person.
Take the amount
of alimony or child support into account as you determine how much life insurance is needed, if you are ready to buy a
term life insurance policy.
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.
Those required to pay
alimony must sometimes purchase
term life insurance, and an ROP policy can appeal to someone who is reluctant to purchase that insurance since there is a premium return at the end
of the
term.
The petition stipulates the
terms and conditions
of the divorce, including child support,
alimony, or child custody.
This form tells the judge everything that you and your spouse have agreed to in
terms of the divorce, such as
alimony, child support and visitation.
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.
If you and your spouse agree about issues
of custody, parenting time, child support,
alimony, and property and debt division, you can incorporate those
terms into a settlement agreement and submit it to the court while you're waiting for Alabama's cooling - off period to elapse.
Ideally, in a successful collaborative divorce, the spouse and their lawyers produce a finished marital separation agreement that spells out the
terms and conditions
of the property distribution,
alimony, and child support and visitation.
As a rule, courts are less likely to change spousal support because often the
terms and conditions
of spousal support are said to be nonmodifiable, but the same general reasoning applied to increases or decreases in
alimony.
The
terms of a divorce agreement should be memorialized in a «marital settlement agreement» («MSA»), which is a written contract between spouses that resolves most or all
of the issues in their divorce, such as
alimony, child custody, child support, and the division
of property and debts.
In Florida, there are five different types
of alimony available that can be temporary, short -
term, long -
term, or even permanent.
In most cases, courts in California will not consider the fault
of either spouse in determining the
terms of the divorce, including property division,
alimony, child custody and child support.
Your ability to terminate
alimony, called spousal support in Ohio, depends a great deal on the
terms of your divorce decree and whether you can prove the state's legal definition
of cohabitation.
Unless the
terms of your agreement or decree give the court authority to later modify
alimony, it is likely that your
alimony order will remain intact unless you can prove fraud, misrepresentation or mistake.
In a contested divorce at least one issue has not been settled — either getting divorced or the
terms of the divorce, such as the division
of assets, allocation
of debts,
alimony, child support, or the custody
of children.
Whether a man must pay
alimony depends on the final
terms of the couple's divorce.
The key to uncontested divorce is that both spouses must be in agreement about the
terms and conditions
of the divorce, including child custody and visitation; child support, health and dental insurance, and medical expenses for the children; tax deductions and exemptions; division
of the marital assets and debts;
alimony; any other dispute involving the marriage; and lastly, the grounds for the divorce.
The couple must sign a separation agreement that deals with issues such as
alimony, child support, child custody and property division, and the court will issue an order binding both spouses to the
terms of the agreement.
When spouses do not reach agreement about the
terms of their divorce, courts must decide issues for them, including child custody,
alimony, child support and property division.
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.
With your list also include your expectations in
terms of property and asset distribution and other issues such as child custody, child support, visitation and
alimony / maintenance.
The recipient
of a property settlement has some protection in the event
of bankruptcy by the payor spouse, but the
terms and conditions
of property settlement agreement defining
alimony must be clear and lucid.
Your decree may contain
terms that require immediate compliance — such as turning over possession
of a vehicle — and
terms that require continual compliance — such as child support,
alimony or custody arrangements.
When couples do not qualify for a simplified divorce, you can still shorten the divorce process if the divorce is uncontested, meaning the couple agrees on the
terms of divorce, including property division,
alimony, parental responsibility and child support.