Who gets alimony?
If both work but the parent with custody of the children cannot make the payments of the basic household finances on their own, they should be awarded alimony for an allotted time, until their situation can be transitioned into their new life.
2 people found this useful
If you are getting a divorce after 17 years and you both make the same amount of money no property but she has an illness that requires her to take weeks off at a time can he be made to pay alimony?
Answer . \nIt's best to see a lawyer about this and the ex wife can get a friend (in writing and signed by a lawyer) to represent her divorce if she is too ill. Usually 1/2 of everything he owns (including his retirement fund) is hers. It will be up to a judge to decide just how much money she …is bringing in, what type of medical she can afford HPO or PPO or if lucky, money is no object, or if she will need the financial help from her husband. \n. \nGood luck\nMarcy (MORE)
Answer . There can be no definite answer to such a question as spousal maintenance is awarded based upon the individual circumstances of the involved parties rather than statutory law.
Answer . \nWhen state laws allow it and when the presiding judge determines that it is warranted.
You need to consult with an attorney who can review your situation and explain your options under your state laws.
Washington Divorce law views spousal maintenance on the basis of what is called the "economic partnership model". However, it usually focusses on the length of the marriage. If the marriage is less than five years you very rarely get maintenance. The only time I see maintenance/alimony awarded in ma…rriages less than five years is where one party is unemployed or would end up on the street if their partner just left them. Even in those cases, the awarded at temporary orders reads something like: "The [husband/wife] shall pay to the wife maintenance in an amount of $500 for six months or until the wife secures full-time employment. If full-time employment has not been found in 6 months the [husband/wife] may petition the court for an extension but only for good cause shown." I have written orders like that many many times. At the temporary orders stage the judge or commissioner makes his or her ruling and says "Counsel, Write up the Orders". Tradition has it that the primarily prevailing party draws them up, although sometimes a lawyer much older than you will assume that he or she will do the honors. We then often times have to go back in and argue over them. But that is usually if the attorneys either don't know each other or one is inexperienced. As lawyers we also sit in the back of the courtroom and wait for our case to be called. During that time we talk with other attorneys about their cases or watch how the judges and commissioners decide other cases in Family Court. On the other hand marriages longer than 20 years almost always do involve some form of maintenance, or "evening out" of the income and assets over time. The goal of the Court in such long-term marriages is mainly to maintain the parties financial standing at the same level for a considerable time after the marriage. Spousal maintenance in Washington has traditionally been defined by an oft-quoted (and legally cited) bar journal article by Judge Windsor.It has been cited in many Washington divorce Supreme court cases. Recently, there has been discussion regarding a new metaphor. A recent (2006) Washington State Bar Journal article discusses the subject. To read the article click here. Maintenance can be highly discretionary and the cases I have dealt with on appeal have been difficult to overturn. That is basically the general concensus: the Judge or Commissioner must have really, really screwed up before they overturn it. Yes, you are thinking the right thing: it is very important to win at the lower levels. Don't sit back and comfort yourself that "If they make the wrong decision I can just appeal." This is not tax or corporate law. There are fewer analytical rules to follow. Answer I am almost positive that Washington is an alimony state because my 2nd husband pays for alimony and child support. And Washington is a state where the spouse who does not have custody of the minor children has to pay for half of the extra curriculum activities. That is in addition to child support. At least that is what my-soon-to-be ex-husband told me. (MORE)
The present day term for alimony is spousal support . This can be awarded to either spouse in a divorce proceeding depending on need, length of the marriage, the role of the parties in the marriage and ability to pay. If both parties are self sufficient alimony is not awarded. It may be awarded tem…porarily while one gets the necessary training or education to become self-sufficient. The original awards for alimony were granted under early English Common Law when women were not allowed to work and were kept in a state of dependency by their husband's and the law. The courts recognized that they had to allow women to separate from their husbands in serious cases of abuse or abandonment. Although divorce was rarely allowed, alimony was awarded because the wife had no way to support herself and her children. Men were forced to support the wives they had abused or abandoned. A married women (most women) had no way to earn a living and all her property was under the control of her husband. She owned nothing and had no legal existence outside the marriage. As time progressed, alimony was a means to equalize financial resources between the parties since traditionally a woman supported her husband's education and career and could in no way match the earning power he developed with her help and support. Alimony is not something you can simply apply for. In fact, most marriages that end in divorce do not involve alimony at all. You need to consult with an attorney who can review your situation and explain your options under your state laws. The decision will eventually be up to a judge. (MORE)
Answer A set amount of money paid from one spouse to another to help the lesser-earning spouse maintain a certain standard of living. Alimony is most common in situations where one spouse makes considerably more than the other. Also referred to as "spousal support". Answer Alimony is a payment mad…e by one spouse to another when they divorce. The amount is usually set by a judge. If one person in the relationship tends to make more money or supports the other person in the relationship the judge might order " alimony " to be paid to that person in order for them to continue living as they were. It is reguarded by most non lawyers as a punishment ordered by a judge to men and now some women because our legal industry makes vast sums of money off the litigation all the while caring nothing of the lives the destroy so one side can work 2 jobs while the other has to do nothing in return. It is what is known as justice (MORE)
Alimony in California is determined by presiding Judges andofficials. Alimony, of course, is mainly awarded to mothers withdependent children. These mothers, of course, have divorced theirhusbands, or have been abandoned or estranged by the biologicalfathers of their children. In order to receive al…imony, however,the mother has to prove hardship and not be in a position offinancial advantage. This course of action will be determined bythe mother's attorney or legal representative. (MORE)
If your ex is not working then I do not think you can get alimony...the whole point of alimony is for the "dominant" partner...as in the one that makes more money, to provide financial support for the other after a divorce, but if they are not making any money themselves then you cannot expect them …to be able to support you if they can barely support themselves. (MORE)
Be a woman, Tell the judge you want every dollar your ex will ever make, you don't want to ever work again, and it is your opinion that he should be punished for life. He will award you everything and anything you want, Also if you want more than that move to Florida, file there, because men in divo…rce court are like a Jewish person in the courtroom of judge Osama Bin Laden (MORE)
For how long does a husband have to pay alimony to his ex-wife in New York Satate?
You need to review the particular court order that addressed alimony. There is no universal answer to that question..
There is no brighline answer to this question but usually short marriages to not qualify a spouse for alimony because there is an assumption that there was not enough time to create the need for alimony payments. More specifically, the court assumes that you have kept the same ability to support you…rself that you had before marriage. And each spouse is expected to be substantially independent and self-supporting within a short period of time. However, there are circumstances in which a shorter marriage would allow for alimony. For example, a situation in which one party was not working at all and does not have the skills to make an income or some other showing of hardship. (MORE)
Some states allow you to receive temporary alimony while the case is pending in court, however, you cannot receive alimony after the annulment has been granted.. This is because an annulment declares the marriage to be "void" and erases it as if it never existed under the law. Spousal support canno…t be awarded if no valid marriage existed.. If you believe you will need spousal support, you may prefer to file for divorce or legal separation as alimony may be awarded in both of these cases. (MORE)
This type of alimony represents payments made from one spouse to another to allow the lesser-earning spouse to acquire the necessary training or education needed to become self-supporting.. Rehabilitative alimony is temporary in nature as it assumes that, once the rehabilitative process is complete…, the spousal support will no longer be needed. Common instances where this would be appropriate include providing a newly single mother with young children additional support until she is able to go back to work or perhaps when one party lacks the skills necessary to earn an acceptable living. Oftentimes, rehabilitative alimony is paid to a spouse who left the workplace to raise children and will need some time to re-educate and re-orient herself to work outside the home again.. Divorce decrees that stipulate rehabilitative support will normally include a time frame for the alimony to be paid after which the spousal support is subject to review by the court. If the support is subject to review, the parties will meet again to determine if the support should continue for another fixed period of time or if changes should be made. (MORE)
After a divorce how much alimony is paid to ex-wife and if either gets married again is he still obligated to pay and is it based on who earns more who is responsible 2 pay How does it work?
If a husband files for divorce he can specify that no alimony be paid. If a wife files, she can ask for alimony, but usually it's because she has no income or a very low amount of salary.. The wife can ask for whatever amount she wants but the husband can file a paper showing that he can't afford t…hat amount. The judge can decide how much it will be. Usually it's less than half of whatever the spouse earns.. Many women don't ask for alimony. In most divorces women don't pay alimony to men. If you have a rich wife you could get it.. If the woman (or man) receives alimony and gets married - the alimony stops. If the person who pays alimony gets married they still have to pay it. (MORE)
We don't know. How much does your spouse want? How much money do you make? Sometimes women don't ask for alimony when they file for divorce. If you file for divorce you might not have to pay anything. If you make big money you'll pay big bucks. If you have a low paying job you can expect to pay less… than half of your salary. (MORE)
Your husband of eighteen years has been having an affair for about a year the woman has said it all on tape What are your chances of getting alimony?
Alimony depends on if you were/are able to support yourself outsire of the marriage. If your husband has been the breadwinner for most of your marriage, then you may get alimony. Also, if you show that you can not support yourself because he had not allowed you to have a ful time job, then he would …have to pay as well. (MORE)
Alimony payment can be contested at any time. An attorney should beable to start the paperwork to contest it. The best time to contestalimony is at the beginning of the divorce or separation.
In Florida if you were awarded permanent alimony and your ex-husband gets sick and can't or won't pay the alimony what can you do?
In Florida the one obligated to pay alimony should file with the Circuit Court in which the dissolution of marriage was filed and pay to the clerk of the Court $50 to reopen the case; the final order must state that the court retains jurisdiction to modify or enforce provisions for Alimony. File a S…upplemental Petition to Modify Alimony use the Form supplied by the FL Supreme court and cite . Davis v. Davis , 528 So. 2d 34 (Fla. 5 th DCA 1988); obligor has suffered a reduction in income without deliberately seeking to avoid paying alimony and is acting in good faith to return his income to its previous level. E.g., Dervishi v. Dervishi , 905 So. 2d 932 (Fla. 4 th DCA 2005); Rahn v. Rahn , 768 So. 2d 1102 (Fla. 2d DCA 2000). An alimony obligation should be reduced to zero to commensurate with his current ability to pay ; Kinne v. Kinne , 599 So. 2d 191 (Fla. 2d DCA 1992) decide whether modification should apply retroactively, and if not, explain its decision not to do so. See King v. King , 734 So. 2d 542 (Fla 5 th DCA 1999) (a decision not to make a modification retroactive is discretionary, but the reasons for not doing so should be stated on the record). See, e.g., Hackney v. Hackney , 560 So. 2d 423 (Fla. 4th DCA 1990) loss of position and unemployment constituted adequate grounds for modification); Haas v. Haas , 552 So. 2d 252 (Fla. 4 th DCA 1989) Kinne supra @ 191 (The "good faith test," a court will grant a suspension in alimony when the obligor has suffered a reduction in income; Whetstone v. Whetstone , 710 So. 2d 749, 750 (Fla. 4 th DCA 1998). See Kinne , 599 So. 2d at 194 (the law does not require that you borrow money to pay alimony).. Spouse will have to be served, the clerk of the court will help arrange for the Sherriff to serve opposing spouse about another $20. . For more info contact John at McCarty1932@gmail.com (MORE)
I don't think so. I would be in favor of changes to the law, but Ithink that the reason it is there is that you often have one spousethat supports the other through school, raising children, etc, andgives up education and training for that commitment, and then thepartner that benefited from that com…mitment and now has so muchthat the other partner worked for and sacrificed for, and wants toleave that commitment all to the other partner. And you can't givethose years back, or expect a single parent to raise and paychildcare for children after having already given up a chance at abetter education, which can't be changed now, because of the burdenof raising the children. There need to be changes made that make it fairer, perhaps, andless likely that someone will just use it as an opportunity tofreeload or whatever. Obviously some people take advantage of this,on both sides... but I don't think eliminating it completely isgoing to help everyone. It will only help one side. (MORE)
He will have to pay his wife alimony till the day she gets married for the second time.
Alimony is granted as part of a divorce proceeding. Alimony arrangements are generally agreed to by divorcing spouses in their marital settlement agreement or by court order by the court with jurisdiction over the divorce.
You don't. The judge does, based on current guidelines for the court. If alimony is involved, you need an attorney.
It's possible to seek a modification of the divorce decree afterwards. You'll need to consult a lawyer who is familiar with the law in your state to get a definitive answer, though.
If you're in the US, yes. Alimony is not for the support of children, it's for the support of ex-spouses. However, judges are not required to order alimony, and usually they only order it in specific circumstances.
I am paying child support in Wisconsin for 1 child I am divorcing in Iowa and my wife is getting half my salary in alimony Can I modify my child support order based on half income?
You can not modify your child support. Only the court can modify your child support. It is possible the court will do that. It is unusual for your wife to get half your salary. . In setting child support, this is a deductible item in all states, that should have been taken into consideration. If… not, you can request a modification. see links below (MORE)
YES it is and it is entered on your 1040 income tax return line 11 Alimony received
Depends if you want to do it the legal or illegal way. LEGAL: You could always get a job with lower income then your ex. ILLEGAL: Ask to get paid "Under the table", or work the corners.
It Stops when judge ruled in such case ,some get it till you remarry or until you die other half of marriage years you had together..
This depends on the country or state you live in. Best answer I can give you is call your local courthouse or City Hall and ask them, they should be able to give you the answer.
Alimony is a maintenance payment by a person to his or her spouse. The rules vary significantly between states and between countries but in general, the payment is set by a court and will take into account matters such as behavior of both parties , previous lifestyle and the needs of each person. Ch…eating is behavior that will gain no reward from the court but is rarely the only factor in the judgment made. Alimony is not child support. Regardless of the behavior of either the husband or the wife, child support payments are almost always demanded from the absent parent to assist in the costs of raising children, if there are are any. In this enlightened age of equality, alimony and child support payments may be required from either the wife or husband depending on the circumstances. (MORE)
Yes. However, the Consumer Credit Protection Act limits the amount. Your wages can be garnished up to a maximum of 50% to cover child and/or spousal support if you are supporting another spouse or child. If you are not supporting another child and/or spouse, up to 60% of your wages can be garnished.… Generally, no more than 25 percent of a person's wages is garnished. (MORE)
"Child support" is self-explanatory. Alimony (or maintenance) is intended to support the former spouse. It is usually temporary, until the former spouse can become self-sufficient.
Yes, under the Uniform Domestication of Foreign Judgments Act , which arises from the Full Faith and Credit clause of the U.S. Constitution.
Nothing. Alimony is only required by court order in the case of a divorce. A current spouse cannot be compelled to send alimony. Let's leave the semantics aside for the moment. If your ex -spouse stops sending the court-ordered alimony, then you can report them (if you're not sure who to report… them to, call your local legal aid office and ask... the information desk at your nearest courthouse should be able to give you their number). Nonpayment of support is looked on unfavorably by the courts. (MORE)
Where the former spouse-payor proves to the court that a change in circumstances on the part of the former spouse-payee has occurred such that it should no longer be lawful that the former spouse-payor should continue to be required to pay.
monthly alimony: is money you are ordered to pay (on a monthly basis) by court, to a divorsed or separated spouse.
If you are court ordered to pay alimony, losing your job does not automatically negate that order. However, it may give you grounds to go back to the court and request a modification of the order, terminating the alimony obligation. If you are in the process of a divorce and become unemployed, it i…s unlikely that you will be ordered to pay alimony, but not impossible. (MORE)
Alimony payments are ordered by a court or agreed upon by the parties, based on the facts and circumstances of the divorce.
You don't deserve a dime if you cheated, but unfortunately it ispossible depending on the laws of your state. You should get a(really good) lawyer to argue why you "deserve" alimony.
Alimony is subjective, and based on the situation. There are no hard rules. However, one of the factors that the court must consider in awarding alimony is whether one party has become dependent on the other for the good of the marriage. In a short term marriage, this is unlikely.
You bet! You can get taken to court for not paying. I don't believe that you can chapter 7 it either.
Alimony is when two people are divorced and one has to pay the other to help maintain their style of living. Alimony Lawyers are good for helping one of the divorcees get the alimony they deserve or even more.
Even foreign courts honor the court rulings of other countries. The question might be, what action will they take, if any, to enforce it.
The alimony you get can increase based on the income of both spouses. If the person paying the alimony starts to make more money, they can be required to pay more based on a percentage.
Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children inv…olved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children involved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children involved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. Generally, no. An annulment erases the marriage as though it had never taken place. If the couple has been married long term and have children and property the court will divide property and order child support as in a divorce. However, many states do not allow an annulment if there are children involved. You need to consult with an attorney in your jurisdiction who can review your particular situation, if necessary. (MORE)
Yes, depending on state rules and income limits for welfare. Alimony may not be the best choice for the custodial parent.
A divorce lawyer will handle the complicated process of dissolving a marriage, this includes, alimony and property division and child custody agreements. The lawyer will advise you appropriately according to your circumstances. When a marriage breaks down and divorce proceedings commenced it is norm…ally a condition of the settlement that the person who earns more will have to make payments "alimony" to the spouse with a lower income to match the lifestyle they have become accustomed. (MORE)
You will have to hire an attorney to get alimony in the state ofSouth Carolina. The attorney will file papers in court and judgewill have final say over the matter.