IF AT LEAST ONE OF THE PARENT'S HAS LIVED IN California FOR AT LEAST 6 MONTHS, CALIFORNIA HAS JURISDICTION AND UNDER CALIFORNIA LAW, AS I UNDERSTAND IT, NO SIGNATURE IS REQUIRED BY THE OPPOSING PARTY TO EFFECTUATE A DIVORCE DECREE. MEDIATION WILL LIKELY BE ORDERED TO WORK OUT A PARENTING PLAN AND "DISSOMASTER" WILL BE UTILIZED TO COMPUTE SUPPORT AMOUNTS.
Alimony has nothing to do with child support, meaning the divorced couple doesn't have to have children in order for an ex spouse to receive alimony. Alimony is to help (or completely) support the ex spouse, while child support is to help support the children. Also, child support is granted to the custodial parent after a divorce, while alimony depends on the state in which the couple divorce, and the conditions and circumstances of the marriage/divorce, and is not always granted to the ex spouse who is asking for the alimony.
The power to "grant" a divorce does not lie with you it lies with the family courts. You cannot force your spouse to stay married to you. The court will establish child support (and alimony, if any) based on the needs of the parties and the ability to pay.
Temporary Alimony is spousal support that is paid during a separation but before the divorce becomes final. This type of alimony may ultimately be continued after the divorce but not necessarily. In some cases, the alimony stops altogether when the divorce becomes final.
Divorce accompanied with alimony and/or child support.
Yes alimony can be awarded in a divorce in Louisana if the judge agrees. Alimony can also be done two ways, as a temporary support for short term or long term if its necessary.
Some states allow a "legal separation" instead of or before a divorce, which could include alimony and/or child support. In all states, I believe, you can file for divorce and ask for temporary child support and/or alimony pending the divorce. Check with a lawyer in your state.
Alimony, if awarded, is part of the divorce decree and so it is not awarded during the divorce proceeding. If the court deems it appropriate and necessary temporary support can be awarded during the divorce process.
No, child support and alimony would be the sole responsibility of the husband.
Whether you can eliminate a debt that resulted from a divorce decree will depend on the type of debt. If you owe child support or alimony from a divorce then you will not be able to eliminate the debt in bankruptcy. If the divorce assigned some debt to you as part of the divorce and it was not assigned as child support or alimony then you may be able to eliminate the debt in a Chapter 13 bankruptcy. Chapter 13 bankruptcy allows you to eliminate debt assigned to you that is in the nature of a property settlement and not child support or alimony.
The divorce decree obligation states what each spouse is obligated to. This could be alimony payments or child support.
Alimony, also called maintenance or spousal support is money paid by one spouse to the other after a divorce
Divorce - Child Support - Alimony and Spousal Support issues - Child Custody - etc)
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.
Alimony is spousal support that is paid after a divorce has been granted. Alimony can be paid on a recurring monthly basis, or it can be paid in one lump sum. After a divorce, alimony is granted to one spouse, so they can continue to enjoy the same standard of living, which they had during the marriage. The basic premise of alimony is that a former spouse should not have to suffer a diminished lifestyle because their marriage has ended. Typically, the individual receiving alimony is the ex wife, however alimony is not specific to one gender. There are extenuating circumstances which may lead to spousal support for a man. Alimony is usually paid to former spouses who did not work during the marriage, and the other spouse’s income was their only source of monetary support. Today, due to the prevalence of dual income families, granting alimony has almost become a relic of the past. Alimony is paid in only 15% of marriages which ends in divorce. Pendente alimony is temporary spousal support that is awarded to one spouse until the divorce decision is finalized. Rehabilitative alimony is temporary spousal support that is granted while the former spouse receives the necessary training and education to return to the workforce. Permanent alimony may be awarded to an elderly spouse who was married for a long period of time, especially if there is a disability or illness, which prevents them from working. The length of a marriage is one of the most important factors a judge will consider when awarding alimony. Couples must be married at least ten years before alimony is considered. Another important factor, which a judge will review, is the standard of living during the marriage. Under the Uniform Marriage and Divorce Act, a former spouse will not receive alimony if they have the ability to earn an income. Permanent alimony is until death, unless circumstances has changed, such as a remarriage or the children are older, and your ex spouse is able to resume working. In these circumstances, a couple can return to court to have alimony payments discontinued. Most states no longer consider fault when granting alimony. Alimony is awarded at the discretion of the court on a case by case basis. If you are getting a divorce, then you should obtain the services of a lawyer who has legal knowledge about family law, specifically laws pertaining to divorce and alimony. A divorce lawyer will be your advocate in fighting for your rights to receive alimony, so you don’t suffer financial hardships because of a divorce.
One could also term it temporary alimony, it is a form of support.
During marriage is expected that each spouse will support the other. In Divorse/Dissolution, there is a thing called alimony. It is figured in a similar manner to Child Support, only it is for the spouse. Generally the individual who makes less is support by the one who makes more after divorce. Although, that may not necessarily be true because alimony can be paid to the individual who possesses the children (if there are any involved). Not all states call it alimony, there are some that call is spousal maintenance instead. You can make a motion for it when you file for divorce/dissolution. It might also interest you to know that unlike Child Support - alimony or spousal maintenance is tax deductible.
Yes you should file an income tax return.
It depends on the circumstances but generally speaking, alimony cannot be added after the divorce is finalized, even where spousal support was not discussed at all in the settlement. This is because the divorce decree is considered final, not only as to the issues actually addressed, but for all issues that could have been addressed in court. Courts generally lose the power to award alimony once they have determined that they will not award any.
Divorce lawyers are there to provide you with advice, legal help, and guidance in all aspects of divorce. They can not advise you on what to spend your money on, but they can advise you on what assets to request as well as alimony and child support.
There are certain categories of debt that will not be discharged under any bankruptcy scheme. Past due child support, alimony payments, and other debts resulting from divorce settlement agreements or divorce decrees are included in this category and you will still be held responsible for them regardless.
An equitable division of the assets and debts. Depending on the circumstances, she may be entitled to child support and/or alimony.
"A spousal support lawyer is an attorney who mediates between the parties and makes sure that everything is done legally, professionally and amicably when spousal support (alimony) is part of a divorce settlement."
No. Child support is for the support of, uh, children. Alimony (usually referred to nowadays as maintenance) is for the support of the ex-spouse.
No, unless its in your final divorce papers as an option or if you have children----------------ADDED: Uner those circumstances - CHILD SUPPORT it is not considered alimony. Only the amount necessary to support the children would be awarded - there willl be no allowance made for your personal support or living expenses.
Alimony or spousal support is payments that are awarded by the court during divorce proceedings that instructs one spouse to make monthly or a lump sum payment to the other spouse. Laws pertaining to alimony have changed significantly during the past few decades. In the past, women were stay-at-home moms and needed alimony to avoid any adverse change in their financial circumstances due to a divorce. Today, due to the fact that women have successful careers, alimony is very seldom awarded during divorce proceedings. In most cases, alimony is intended to provide monetary compensation to the recipient for their unpaid contributions during the marriage, and to help them to gain financial independence. Alimony laws vary in each state. There are many factors which a court considers before granting alimony. One factor is the duration of the marriage, and whether the ex spouse has the mental and physical ability to earn a living wage. Another important consideration is the spouse's age, and whether or not, they have the marketable skills to earn a living. Usually, a marriage must last a minimum of 10 years before spousal support is granted. There are several types of spousal support which is awarded on the basis of an individual personal financial situation during the marriage. Pendente alimony is temporary spousal support that is awarded until the divorce is finalized. Rehabilitative alimony is temporary spousal support designed to enable a spouse to obtain the education and job training to become sufficiently self-supporting. Permanent alimony is paid until the recipient of the alimony payments dies or remarries. Usually, permanent alimony payments are awarded to a spouse whose marriage has lasted for a very long duration. If the spouse is elderly and suffering from an illness or disability, which prevents them from being gainfully employed, they will receive permanent alimony. According to the laws of the Uniform Marriage and Divorce Act, a spouse who has the ability to earn a living will not receive any alimony support. If you are considering a divorce and need spousal support to help you make the transition to becoming financially independent, then you should seek the counsel of a lawyer who specialize in family laws pertaining to divorce and alimony. An experience attorney will keep you informed of your legal rights and remedies, and use their extensive knowledge and expertise to gain and strengthen your trust and confidence in your attorney, throughout your divorce proceedings.