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Alimony in Court

Alimony in Court Overview

Alimony in Court Overview

Along with all other issues surrounding divorce, alimony arrangements are made in a family court. However, unlike child support or visitation laws, many alimony policies are set by the court itself. While there are some alimony laws in every state, the court has the final discretion in awarding or denying alimony. The court may also set the amount and the time that the alimony payments will last. As a result, the outcome of an alimony case can be very surprising or unexpected. It is nearly impossible to be sure if a spouse will receive alimony or not, although some spouses are much more likely to get alimony then others.
Difficulties:


Legally, both spouses may have alimony difficulties, even if one is suing for it and one is trying to prevent paying it. A spouse who is seeking alimony is never automatically entitled to it. The requirements that must be met for a spouse to be entitled are extensive. The judge has to examine every aspect of the marriage. This includes who made the most money, how long the couple was married and the earning potential of each spouse. Since it is up to the court to decide whether or not a spouse is entitled to alimony, the court has to interpret this evidence for themselves. Therefore, each alimony case will not have the same outcome. Either spouse may having difficulties proving their side of the story. The burden of proof that usually exists in many court cases tend to fall on both parties. Each spouse can argue their side but in the end, the court will have to decide what to do if the couple cannot agree.

Decision Issuance:

A court will issue an alimony decision either during or at the end of divorce proceedings. The final decision will be based on several factors, including the age and health of the divorcees, and the length of marriage. Some divorces can take a long time because of arguments over settlements, including alimony. When a couple cannot come to mutual agreement about an alimony settlement, the decision is issued by the court. Once the decision is issued, it becomes a court order and either spouse can be held in contempt for not following the rules of the alimony agreement. If either spouse seeks a modification of the order, they must file a motion to have the case reopened and reexamined.

Finality of Decision:
An alimony agreement is never final. As circumstances change for each couple, especially if children are involved, an agreement can be modified in court. Sometimes these modifications are mutual decisions. Many times they are not. It is up to the court to review any evidence that can be presented that proves that a change in the amount is necessary. Either spouse can request a change of alimony payments, whether they are paying it or receiving it. Although the courts are reluctant to tamper with an established alimony arrangement, they will change one if they feel the request is reasonable and necessary.

Issue of Remarriage:
If the recipient remarries, it is almost definite that the spouse paying alimony can request that the payments be nullified. Though they still have to take the legal steps of filing a motion in family court, the judge will almost always allow the alimony payments to stop. Alimony payments do not have anything to do with child support payments. Those must continue until the child is of legal age in the state to stop receiving payment, usually 18 to 21 years old. The court decides that the ex-spouse receiving alimony payments has additional financial help from their new spouse. If the spouse paying alimony remarries, it is very rare that they will be allowed to have their payments lowered. The court reasons that the recipient still has the same financial needs, whether the paying spouse has new financial responsibilities. At times, the paying spouse can try to get payments lowered due to a change in circumstances but the court will almost always be reluctant to approve the motion.

Hiring an Attorney:
Some divorce cases can be cut and dried. A young couple with no property or children, as well as a large future earning potential may be able to handle their own divorce without an attorney. In cases where there is alimony, property division or child visitation to deal with, however, many people will decide to hire an attorney. Hiring a lawyer who specializes in family court cases is preferable. One should consult with several lawyers until they finding one they feel comfortable with. When having a consultation with a family lawyer, an individual should question them about their experience and success rate. Another important question to ask is what they think possibility of receiving or paying alimony would be. A lawyer can never give a definite answer on that, considering that fact that alimony decisions are left up tot the courts. The lawyer can estimate what they think is likely to happen, based on previous cases and alimony guidelines that courts follow.

The Importance of Representation:

Some divorces can be amicable and simple. An individual that has not been married for a long time, has no children, few assets and similar earning potential as their spouse, is unlikely to be awarded alimony. However, the more things that are at stake, the more important it is to have a lawyer overseeing the case. This is especially true if there is resentment and hostility in the relationship. Some people will fight hard to prevent their spouse from getting anything while another spouse will try as hard as they can to get every penny from their spouse in an alimony settlement. A lawyer will have a better understanding of the complicated alimony issues and laws. The lawyer can ensure that their client gets the best arrangement possible from the courts.

Decision Issuance At A Glance

Decision Issuance At A Glance

It is important to mention that the court is not required to follow a strict list of circumstances when deciding whether or not to issue alimony to a spouse. There are suggestions that are taken into account, but alimony law is not very formal. Case settled by the Supreme Court has made it illegal for a judge to issue alimony to someone because of their gender.
Factors involving a spouse’s future earning potential may help or hinder one’s attempts to receive alimony payments. A spouse without much work history or experience may be entitled to alimony under alimony law. This is especially true if the spouse gave up a career to be a homemaker. It is doubtful that a spouse with limited job skills will be able to be self sufficient, especially if they are older. Another factor that a judge will use when determining alimony is the standard of living that a spouse had while they were married. The longer a couple has been married, the more likely a judge is to allow each spouse to maintain the standard of living they enjoyed before the divorce.
There are some standard and well-known alimony law guidelines considered by the court when making an alimony issuance decision, such as a spouse’s health and age. However, since the decision to award alimony is entirely up to the court, they can consider any factor that they feel is relevant to the divorce. Determining whether to grant alimony is difficult. Although the courts do try to be fair when awarding alimony, the vague alimony law that exists can make it difficult to come to a decision.

What Are The Difficulties of Alimony

What Are The Difficulties of Alimony

When an individual is seeking divorcemarriageonce was There are many people who are not entitled to alimony. Cases where both parties are young and earn similar incomes, usually end with no one being entitled to alimony. However, individuals who have to pay alimony may find themselves in a difficult situation. It is common that a person who has to pay alimony is in good health, has a long work history, an advanced education and makes more money then their spouse. This individual can be a man or a woman, since the courts will not consider gender an issue when deciding on a person’s alimony rights. Individuals getting divorces can have a hard time fighting alimony cases in court if the facts speak for themselves.
Some people do not mind paying alimony. These alimony cases usually involve amicable divorces between couples that respect each other. A spouse may believe it is in their child’s best interest to spend a lot time with the other parent. Alimony payments may make it possible for one parent to stay home and raise the children. However, many divorces are hostile and can get even worse when one party is seeking alimony. One may have to make expensive or long-term alimony payments, depending on their spouse’s circumstances.
Individuals trying to receive payments before the divorce is final will also experience some difficulties in court. When people seek alimony, court cases rely on proof of need. The burden of proof will usually fall on the plaintiff, or the one who files a motion to seek alimony. It can fall on the defendant, but it usually will not. That individual must prove that they are entitled to alimony and that the other spouse is capable of paying it. Proof of entitlement can be difficult, depending on the circumstances.

Understanding the Finality of Decision

Understanding the Finality of Decision

No alimony decision is final. Agreements can be modified in case of a change of circumstances for either spouse. While an alimony decision can be appealed as soon as it is issued, it is more common for an ex-spouse to later request that the alimony decision be modified due to a later change in circumstances. An individual who receives alimony can file a motion to have the amount of alimony they receive raised. The ex-spouse who pays can request to have the payment amount lowered or canceled.
While a court is not usually happy about changing a couple’s alimony decision, they may agree to it depending on the circumstances. After studying their state alimony laws, one should first file a motion in a propertyremarries Although an alimony decision can be changed, it is up to the individuals involved to take the steps to modify it. There are many other circumstances that can allow an alimony decision to be modified. The court will review the case and decide whether a person’s change in circumstances warrants a change to the alimony decision.

Hiring an Attorney

Hiring an Attorney

Alimony attorneys are likely to handle other family cases. Alimony attorneys will know the state laws regarding alimony and divorce. This is especially important since the laws change from state to state, and they are difficult to define. There are certain steps one should take when they are looking to hire an alimony attorney. Consulting with an alimony attorney will give an individual an idea of the likelihood of being awarded alimony, as well as the likelihood of being forced to pay it.
It may be a good idea to meet with several alimony attorneys before deciding on one. Many alimony attorneys will offer a free consultation to hear one’s particular situation and discuss the steps that would be taken in family court. Since there are so many ways that an alimony request can end, a good alimony attorney should discuss many some of the many possibilities with their potential client.
Having an alimony attorney is especially important if the relationship between the spouses is hostile and there is a large amount of money or assets at stake, although property division is not considered to be a part of alimony. An aggressive alimony attorney can work hard to try to obtain or avoid alimony payments for the client.
There are certain questions that should be asked when an individual is consulting with an alimony attorney. Asking how much experience an alimony attorney has is important. Alimony attorneys without a lot of experience will probably not be as good as ones that have extensive experience, although this is not always the case. Finding out the outcome of past cases that the alimony attorney handled is also a good idea.
When speaking with an alimony attorney, one should find out an estimate of the time and expense that would be involved. Some alimony attorneys will charge on a sliding scale, others might charge a flat fee for every billable hour. If an alimony attorney charges a large amount of money for each billable hour, finding out how an estimate of how long the case should take is very important.
An individual should hire an alimony attorney if they can afford it. They also should hire one if receiving or avoiding alimony payments are very important to them. Many people choose to hire family lawyers even if they do not expect to be suing for alimony. A family lawyer should still answer any questions that one has about alimony.

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