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Questions about Alimony Laws

Getting a divorce is bad enough, but worrying about income after the divorce can be worse. Alimony or spousal support, is a way to help offset income that a spouse was accustomed to during marriage. Spousal support is often calculated by alimony guidelines and spousal support laws. Read below five of the top alimony questions that have been answered by the Family Lawyers on JustAnswer.

How is alimony determined if someone is on Social Security Disability?

Many people believe that alimony is determined using a precise alimony calculator. However, this is not so. Whether or not to award spousal support is highly discretionary for courts. Likewise, how much to award is also at the court's discretion. Courts usually consider all relevant factors when making such a consideration (not including marital misconduct). These factors include but are not necessarily limited to: financial resources and assets, time necessary to acquire sufficient education or training for employment; the standard of living while married; the length of the marriage; as well as the age and health condition of the spouse seeking support. If spouses are married for 10 years or more and if they divorce, one spouse can usually collect on the other spouse's record.

If someone unable to provide the court ordered spousal support reduces the amount over a few months, can the courts take money from a business account to pay alimony?

If the spousal support payments are in arrears, courts usually cannot attach any corporate assets, provided the assets are owned and handled completely separately from your personal assets. What may be attachable, however, is your personal interest in the stock of the corporation, whatever the value of that stock may be. When such support payments are no longer possible due to a change in circumstances since they were ordered, you should consider petitioning the court for relief from or lowering of the required payments.

How is alimony calculated for self-employed businesses?

Generally the court will look at past tax returns. However, different judge have their own way and even though they have "guidelines" to follow, it is ultimately up to them. You still need to contact a local attorney in this matter for representation before the court: The judge will not use a formula to figure out how much spousal or partner support to order at the end of your case.

I this true that Texas is the only state that limits spousal support for 3 years maximum?

Texas is the only state that has such a strict limit on spousal support. Even that limit can be waived if there is a disability involved. However, many states, either via state statute or per the court's discretion, are tending to favor awards of rehabilitative spousal support rather than permanent spousal support. The intention is to get the payee spouse back on his/her feet as soon as possible. However, in some states, there is a presumption of permanent alimony in longer term marriages.

Can a wife get alimony or spousal support in NY state after 7 years' marriage if there are no children and no mortgage, but is unable to work as she is a student

Alimony is usually not just a matter of whether there are children. Alimony is essentially a function of need for support and ability to pay. Her need -- assuming she graduates and becomes able to earn more than she can earn now -- goes down after graduating. Your ability to pay alimony becomes the next factor that gets assessed, along with the marital lifestyle you two enjoyed. Finally, the number of years you have been married goes to the term of alimony you may be obligated to pay her for.

Alimony or spousal support varies per state. If you have questions regarding spousal support, Family Lawyers on JustAnswer can save you time and money by answering your questions quickly and affordably.

Ask a Family Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 9160
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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Recent Alimony Questions

  • My husband entered into contractual alimony with his ex, not

    My husband entered into contractual alimony with his ex, not realizing in Texas, there was spousal maintenance and contractual alimony. HIS lawyers drew up the papers, his ex did not have a lawyer.
    10 years later, and after a job loss he found a new job with a 30% reduction in pay, he now makes $4,000 per month. He is 61 years old. The original contract was for $3,025 per month payable to the ex.
    She sued him and asked for for back maintenance during the time of his job loss, even though she cashed the 50% he sent her of his unemployment checks. He began paying her $2,000 per month upon getting the new job. She refused to negotiate the reduction, but cashed the checks, then filed a breach of contract suit against him. She won and was awarded all the back support from the time he was unemployed/underemployed.
    We have no savings, own no property and don't know how to pay this.
    The judge did say he would not allow my husband's wages to be garnished.
    He has $50,000 in a retirement account, that is all.
    I make $2200 a month. Can she now take my salary as well?
    Do we have any recourse?
  • when I was divorced I was awarded a settlement that I agreed

    when I was divorced I was awarded a settlement that I agreed to be covered by a life insurance policy that my ex agreed to pay. He is now filing bankruptcy and I am listed on the filing - can a judge discharge an equitable distribution that has not been paid?
  • I DIVORCED IN 2010 AND PART OF THE SETTLEMENT WAS FOR ME TO

    I DIVORCED IN 2010 AND PART OF THE SETTLEMENT WAS FOR ME TO PAY HER $450/MONTH FOR A TOTAL OF $8000 AND SHE HAD TO REFINANCE A VECHILE THAT SHE HAVE OF MINE, IF NOT RETURN
    THE CAR. SHE REMARRIED AND NEVER RETURNED THE CAR. I WENT TO REFINANCE MY HOUSE AND
    FOUND A LIEN ON MY HOUSE. HOW CAN I RESOLVE THIS AND HAVE THE LIEN REMOVED SO I CAN REFINANCE MY HOME. THE LIEN IS FOR THE $8000 AND THE DIVORCE WAS IN GA.
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