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Frequently Asked Questions

Under what circumstances will the court award alimony and/or spousal support?

Northern Kentucky Divorce/Dissolution Information and Freque...
The obligation of spouses to support each other does not necessarily terminate when they divorce. If the divorce will leave one spouse with very little income and the other with enough to contribute to the low-income spouse's support, the court will usually award alimony, at least temporarily. Although historically spousal maintenance was typically awarded to homemaker wives, to be paid by breadwinning husbands, that is no longer always the case.

Do you also collect alimony or spousal support?

Frequent Questions: Center for Enforcement of Family Support...
Yes. Although non-payment of child support has received more attention from the courts and media, the procedures for collecting past-due alimony—and the hardships caused by non-payment—are very similar. We also collect other Family Law related debts such as Property Divisions and Attorney Fee Orders. Divorce judgments usually require child support to be paid as long as the child is a minor and not married or emancipated.

How much spousal support (alimony) will I have to pay?

FAQ, Art Lieberman PhD, NJ Divorce Mediation in NJ
In New Jersey, spousal support is not something that can be "calculated." There is no worksheet similar to the Child Support Guidelines. And, every divorce does not involve spousal support. First, there has to be a need for support, and, second, there has to be a request for support. Some people who need help just don't want any help - they want to make it on their own. And, if spousal support is provided, it might not be paid forever. There are many kinds of support.

How much spousal support (alimony) should I ask for?

FAQ, Art Lieberman PhD, NJ Divorce Mediation in NJ
In New Jersey, there is not a single way of computing spousal support. There is no worksheet similar to the Child Support Guidelines. And, every divorce does not involve spousal support. First, you must show a need or reason for support, and, second, you must request the support. Some people who need help just don't want any help - they want to make it on their own. And, if spousal support is provided, it might not be paid forever. There are many kinds of support.

What is the basis for an award of spousal support (alimony)?

Nevada divorce in 1-2 weeks, Quick & Low Cost, or No Residen...
There is no precise statutory guidance for spousal support as there is for child support. The court considers the relative earning capacity of each spouse, the possibility of education or training to increase the earning capacity of a spouse, whether a spouse has been out of the work force for a long time, and other factors.

When does the court award alimony or spousal support?

Family Law and Divorce FAQ - Law Firm Lins Law Group PA Atto...
The award of alimony, also called “spousal support,” is determined in the court’s discretion taking into account certain specifically enumerated factors set forth in Chapter 61, Florida Statutes.

How does the Court determine alimony [spousal support] and child support?

Frequently Asked Questions
If the parties cannot agree, the Court will utilize the Virginia Support Guidelines for child support and the applicable County guidelines for alimony [spousal support]. However there could be a substantial variation based on "other factors" the Court may be asked to consider by either party.

Will child or spousal support be ordered while the divorce is pending?

DIVORCE HQ Frequently Asked Questions
Once a divorce or legal separation has been initiated temporary orders can be entered for child support, spousal support, custody & visitation and other issues pending a final dissolution.

Can Child Support Services assist with spousal support orders?

Sutter County Child Support Services - Child Support Frequen...
When the child(ren) and the custodial parent are living together, the department will enforce both child and spousal support. If the children and the custodial parent are not living together, the department will enforce past-due child support and past-due spousal support. When child support terminates, and the spousal support order remains in effect, the department will not enforce spousal support only.

What About Divorce, Attorney's Fees, Alimony or Child Support?

FLORIDA HOMESTEAD SERVICES, LLC - Frequently Asked Questions...
Homestead protection is effective against civil judgments, including marital settlement decrees, but it may not stop courts from taking other measures to enforce awards of alimony or child support. Regarding attorney's fees, they are generally not considered support and can be protected against.

What about Alimony (Spousal Maintenance)?

Austin Goodale Arizona Family Lawyer Frequently Asked Questi...
The law provides that parties to a divorce or legal separation should be self-supporting to the extent that they can be. In the event either party is unable to be fully self-supporting, spousal maintenance may be appropriate. (Some states call it "alimony" – in Arizona, the correct term is "Spousal Maintenance.") You may want to obtain and read A.R.S.

Can I obtain alimony without requesting a divorce?

Maryland Divorce Attorney, Maryland Divorce Lawyer, Maryland...
While it is unusual that alimony will be sought without requesting a divorce, it can be awarded by filing a complaint for alimony only. The person seeking alimony must allege grounds for a limited or absolute divorce, but there is no requirement that a divorce be granted or that the person seeking alimony prove that he or she could obtain a divorce had he or she desired one.

What about alimony and support?

FAQ | Matrimonial and Family Law
The judge will decide these and other issues after hearing what is said in court. The final decision will depend on the testimony which is given in court. The court may also award rehabilitative or reimbursement alimony. Rehabilitative alimony is paid only for a limited period of time and is designed to help a spouse receive training or further education. Your lawyer will help you to make your needs and wishes clear to the judge.

How is spousal support determined?

Virginia Spousal Support (Alimony) FAQ's
Spousal support can be determined by the parties through a settlement agreement, or a judge can determine the amount of spousal support to be paid, if any, if a case goes to trial.

Can spousal support ever be barred?

Virginia Spousal Support (Alimony) FAQ's
Spousal support may be barred by proof of adultery on the part of the person seeking spousal support; however, spousal support is no longer barred by desertion or cruelty.

What are the factors that go into an spousal support determination?

Virginia Spousal Support (Alimony) FAQ's
The factors taken into consideration by the Court when deciding whether to award spousal support and the amount of such award include: The earning capacity, obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature; The education and training of the parties and the ability and opportunity of the parties to secure such education and training; Such other factors, including the tax conseque.

Can I get permanent spousal support?

Virginia Spousal Support (Alimony) FAQ's
Spousal support, whether ordered by the court or agreed to by the parties, can be paid in periodic (i.e., bi-weekly or monthly) payments for a set duration, such as four years; periodic payments for an unspecified duration; in the form of a lump sum award; or any combination of the above. Court ordered spousal support terminates automatically upon the death of either spouse or the remarriage of the spouse receiving support.

How can the amount of spousal support be changed in the future?

Virginia Spousal Support (Alimony) FAQ's
If spousal support is set by agreement of the parties in a Property Settlement Agreement (instead of a Judge), unless there is a provision allowing for later modification, the amount of spousal support can never be modified. If a Judge sets a spousal support award, either side may later petition for an increase/decrease upon a showing of substantially changed circumstances.
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