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How is alimony determined?
A family court has a fair amount of discretion to determine an alimony award. The New Jersey Supreme Court has established some very specific guidelines and formulas to determine child support. However, there are no alimony guidelines. Many courts and panels have tried to formulate alimony guidelines. However, this goal is very similar to the Cubs quest to win the World Series. It just will never happen! Many men don't enjoy paying child support, but they pay it anyway because they love their kids. However, most men are sick of their ex-wive's and they hate paying alimony. Any set of proposed alimony guidelines is just too controversial and it will never become law.
New Jersey has caselaw and a statute that requires the courts to consider very specific factors when it calculates alimony. There are some guidelines and objective standards for the courts to consider, but there is not specific formula for a family court to calculate alimony.
In general, New Jersey case law states that the court must consider the marital lifestyle, the supporting spouse's ability to pay, and the dependent spouse's ability to contribute to his/her own support.
The alimony statute, N.J.S.A. 2A:34-23(b) states that the court must consider the following thirteen factors:
1. The actual need and ability of the parties to pay.
2. The duration of the marriage.
3. The age, physical and emotional health of the parties.
4. The standard of living established during the marriage and the likelihood that each party can maintain a reasonable comparable standard of living.
5. The parties' earning capability, education and employability.
6. The length of absence from the job market.
7. Parental responsibilities for the children.
8. The time and expense needed to acquire education or training to enable a depended spouse to obtain appropriate employment.
9. The financial and non-financial contributions of each spouse to the marriage.
10. Equitable distribution.
11. Income available and non-financial contributions of each spouse to the marriage.
12. The tax consequences of alimony.
13. Any other factor which the court deems relevant.
In summary, the main purpose of alimony is to permit the dependent spouse to live the same lifestyle after divorce that she lived during the marriage.
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How does Iowa determine alimony?
the man has to pay the wife alimony :)
Does a veteran pay alimony out of his va pay?
No, a veteran will not have to pay alimony out of their VA pay.
What is separation pay?
alimony
Do you have to pay alimony if you are 100 percent VA disabled?
Yes. If you're ordered to pay alimony, that status does nothing to change it, although it may be possible to use that in appealing an alimony ruling.
What is a sentence with the word alimony?
Either spouse may be required to pay alimony after a divorce.
If you are paying alimony to your ex and she moves in with another man do you still have to pay?
In most states, alimony is unaffected except by a subsequent marriage. You have to pay alimony until the ex actually marries, moving in doesn't mean anything except she's trying to get back at you, she has needs as well, or both. You have to pay child support until the new husband actuality adopts the child, few do for this reason.
Do you have to pay alimony if unemployed?
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 is unlikely that you will be ordered to pay alimony, but not impossible.
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 that 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.
Do you have to pay alimony while you are legally separated?
If you're in the US, and if your spouse gets an order for temporary alimony (and not all request for it are granted), then yes, you have to pay it.
Is former spouse payments from military retirement pay considered alimony?
A state court order must say military retirement pay is part of the alimony can a former spouse receive a portion. No Federal law says a former spouse is entitled to the pay as part of alimony.
Does a person have to pay alimony if they don't want a divorce?
If alimony is appropriate given the circumstances of the marriage then the spouse will likely be required to pay alimony to his ex regardless of whether or not he or she wanted the divorce. The amount will depend on the length and nature of the marital relationship and can be a lump sum or periodic payment. If your ex remarries, the alimony obligation will extinguish.
What are alimony lawyers good for?
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.
