Thank you; I am sorry to hear your daughter and grandchild are going through this.
First, a protective order hearing is separate and apart from the divorce proceedings so one would want to contact the court clerk to find out if a divorce proceeding was in fact filed; if not it is important to file this as the court will not award spousal support retroactively. However, they can order it to be paid beginning on the date the court papers were filed and served.
So the other party may know this and may be using a delay tactic.
So the issues are:
1. spousal support aka alimony:
- The financial condition and needs of the party who would receive alimony. This includes the recipient's monthly debts and obligations, and their ability to pay these debts.
- The recipient's earning capacity or ability to produce income. This includes past employment history, ability or inability to work and income received from all sources, including passive income.
- The ability of the paying spouse to provide support. This includes income from all sources weighed against their debts and obligations. As a general rule, debts may not be incurred to defeat alimony.
- The length of the marriage. The longer the marriage, the stronger the case for alimony.
- Whether the recipient party has custody of minor children who need support.
- Whether the recipient worked in a business owned or operated by the other spouse.
- Whether the recipient contributed to increase the other spouse's skill by paying for their education or by allowing them to attend school during the marriage.
- The court may also consider the fault of the parties in determining whether to award alimony and its terms. "Fault" means any of the following conduct during the marriage that substantially contributed to the breakup of the marriage:
- engaging in sexual relations with a person other than the party's spouse;
- knowingly and intentionally causing or attempting to cause physical harm to the other party or minor children;
- knowingly and intentionally causing the other party or minor children to reasonably fear life-threatening harm; or
- substantially undermining the financial stability of the other party or the minor children.
Generally, in determining alimony, the court considers the parties' standard of living at the time of separation. In short marriages with no children, the court may consider the standard of living when the marriage began. Sometimes, the court will try to equalize the parties' standards of living.
2. chid support
Here is a calculator to help determine what the court will decide is proper:
She can fill out an application here and they will assist with getting an order, and in collecting that order;
They can get a wage garnishment to ensure payment which is really great.
3 .Division of marital property
This division is equitable-meaning fair and just, not necessarily (but often) equal. The same factors as alimony are considered
4. attorney fees
the court can order the other party to pay for attorney fees to level the playing field. The great news is that UT is very unique in that attorney divorce fees are marital debt-which means one can find an attorney willing to take the case without payment knowing they will be able to recover it from the higher earning party.
Further questions? Please post here to continue the chat.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.