Seek the Right Alimony With the Help of Maryland Divorce Lawyers

Family law in Maryland, permits estranged couples, to obtain either a limited divorce or an absolute divorce. To help a dependent spouse, overcome financial problem caused during or after divorce, the law of the land empowers courts to direct the bread winner to provide alimony to the dependant. A dependant can choose to appeal for any of the three types of alimony, provided by law. They are temporary alimony, rehabilitative alimony, and indefinite alimony.

Temporary Alimony

You can avail temporary alimony even before the marriage is annulled. This can help a spouse tide over financial constraints while the divorce proceedings are on. However, obtaining this alimony depends upon the living standards and the financial position of the bread winner. The purpose of this kind of alimony is to ensure that the dependent spouse is not deprived of food, clothing, shelter etc.

To obtain temporary alimony, a Maryland divorce lawyer needs to present that the parties are married; they have filed for a divorce, and financial compulsions of the parties.

To compensate for the time gap, caused by prolonged divorce proceedings, courts in Maryland jurisdictions are empowered to award temporary alimony. Failure to oblige may lead civil contempt, criminal contempt, or other sanctions.

Rehabilitative Alimony

Rehabilitative alimony is awarded after the marriage is dissolved. This alimony helps the economically dependent spouse to support himself/herself after separation. The ultimate decision is taken by the trial judge, after taking certain factors into considerations. Some of these factors are:

Whether the parties seeking alimony can be wholly or partly self-supporting.

The time necessary for the dependent to find suitable employment.

The standard of living maintained, when they were together as married couples.

The duration of the marriage.

The monetary and non-monetary contributions, of each party to the well-being of the family.

The cause of the estrangement.

The age of each party.

The physical and mental condition of each party

The financial needs and financial resources of each party.

Indefinite Alimony

Indefinite alimony is awarded with a judgment of divorce, and may continue until the recipient spouse dies.

Such alimony is awarded in some rare cases. The trial judge considers indefinite alimony under extreme situations. This includes, self-supporting because of age, health, or disability and in cases like “unconscionable disparity” in future standards of living of the dependant.

To know more about the alimony, appropriate in your case, you can consult a Baltimore divorce lawyer.

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Divorce Advice: Child Support And Alimony (Part 3 Of 4)

Alimony and child support are important aspects of a divorce case that involve ensuring the financial stability of both spouses and the children. Alimony is designed to limit the unfair economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse. A court sets the amount of alimony it concludes is fair and reasonable to be paid for a period of time. The amount of alimony that must be paid is usually based on the standard of living established and expected during the marriage, the age and health of the spouses, the obligations and assets of each spouse, the length of the marriage, and a number of other factors that may vary by state. Unlike child support, which is determined according to rigid guidelines, courts have considerable discretion in determining if they will award alimony and, if they do, the amount and time period for which it lasts.

Child support is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. Child support may be awarded in joint custody cases when there is a significant discrepancy between the parents’ incomes. Exact conditions for eligibility of child support and guidelines for the calculation of child support vary from state to state, but generally take into consideration the needs of the child, the needs of the custodial parent, the paying parent’s ability to pay, and the standard of living the child was accustomed to before the divorce. If alimony has been awarded, that amount is deducted from the payer’s income and added to the payee’s income when child support is being calculated.

Tip #1: There is no formula for determining alimony. According to divorce lawyer Peter Paras, “Alimony is really more art than science and it, it results from a consideration of a variety of statutory factors. Courts and lawyers have to consider the duration of the marriage, the age of the parties, their incomes, their assets, their liabilities, their lifestyles, their health, [and] whether or not any of their assets generate income. These are all factors that have to be considered in determining whether alimony is to be paid and, if so, whether it’s going to be permanent, rehabilitative, or limited duration alimony and in what amount.”

Tip #2: Child support may continue after the child has reached the age of 18 under certain circumstances. Technically, the non-custodial parent’s obligation continues until the child is emancipated. “Children are emancipated at different times,” explains divorce lawyer Peter Paras. “Typically they’re emancipated when they reach the age of 18 and have graduated from high school, but emancipation is often delayed while a child finishes a higher education, such as four years of college, trade school, or something of that nature. That’s when the obligation technically ends.” Child support may also be extended beyond the age of 18 if the child has special needs. If the child has been declared emancipated by a court prior to reaching the age of 18, is on active military duty, or the parents’ rights and responsibilities have been terminated for any other reason, child support payments may be discontinued.

Tip #3: Understand that there are different types of alimony. Limited duration alimony usually applies to cases in which the marriage is too short to justify permanent alimony. Rehabilitative alimony is designed to provide financial assistance to the more economically dependent spouse while he or she becomes more financially independent by getting job training, building up work history, or furthering education. Permanent alimony is typically paid when there is a long term marriage, but it is important to note that permanent alimony is not always permanent. Divorce attorney Peter Paras explains, “Permanent alimony is somewhat of a misnomer in that it probably would be better termed indefinite alimony. It can end or be modified is circumstances change in the future.” Examples of changes in circumstances that could be grounds for the cessation of permanent alimony include the remarriage of the recipient, the death of the payer, or cohabitation of the recipient with someone of the opposite sex.

Divorce law involves many different types of issues, including preparing for your divorce, child custody and visitation, and assets and property, all of which will be addressed in this series.

For more divorce advice, refer back to Parts 1 and 2 of this series and look for the upcoming final installment:

Part 1: Divorce Advice: Preparing for Your Divorce
Part 2: Divorce Advice: Child Custody and Child Visitation
Part 4: Divorce Advice: Assets and Property Division

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We have been married for almost three years. We have hard time and we just want to get divorced.
I am students. So is she. She insists that I should go and get "Islamic Divorce" first because we are Muslims. Then, she will go to the court and file for divorce.
If I divorce or she divorces, what different does it make? Does it have something to do with alimony even though we do not have children?

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I’m not quite sure how divorce works in the state of AZ. Like if people have to split assets, etc. Alimony, stuff like that. But what if one party cheated, do they still get half? Could they get alimony? What if they technically got their half of the person’s stuff already? Etc. Could someone point me in the right direction, don’t say an attorney, becuae I’m not the one getting divorced, they will give me no information.

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East Providence Alimony Lawyer | Spousal Support in Rhode Island | In Depth Information | RI Divorce Lawyer | Family Attorney

Alimony is payments that one spouse may be ordered to pay another spouse for support as a result of a divorce. In Rhode Island Divorce, some spouses qualify for  alimony from the other spouse. Alimony is also known as Spousal Support or Spousal Maintenance.

R.I.G.L 15-5-16 delineates the factors that the Rhode Island Family Court Judge should use in determining whether a Husband or Wife Qualifies for Alimony payment from the other spouse.

The Rhode Island Supreme Court Stated “Alimony is a rehabilitative tool intended to provide temporary support until a spouse is self-sufficient, and is based purely on need.” Berard v. Berard  The Rhode Island Alimony statute is set forth below. You should contact David Slepkow to get legal advice concerning your case.

Rhode Island Lawyer David Slepkow  401-437-1100 has also written over 50 Rhode Island Law Articles about Divorce, Child Support, Child Custody, Child Visitation, Post Divorce, Common Law marriage etc.

Generally, Alimony is awarded for a specific period of time, in increments which are usually weekly or monthly. Alimony could be awarded as a result of a Divorce settlement. If a party requests alimony or is unwilling to waive alimony and the parties cannot agree to an alimony award, then alimony may be awarded at the divorce trial.

Temporary Alimony may be awarded by the Rhode Island Family Court  towards the beginning of the RI divorce. This temporary Alimony award will stay in effect until the final decision by the Rhode Island Family Court Judge at the RI Divorce Trial.

The intent of alimony is rehabilitative in nature. “alimony should be ‘payable for a short, but specific and terminable period of time, which will cease when the recipient is, in the exerciseof reasonable efforts, in a position of self-support.’” Thompson v. Thompson

Alimony is usually awarded on a temporary basis but can be awarded on an indefinite and (perhaps what turns out to be permanent) basis if the facts justify indefinite alimony. The Rhode Island Supreme Court ruled that “Alimony may be awarded even for an indefinite period as long as the trial justice considers all the statutory factors.”

Indefinite alimony may be ordered in a case where a party is seriously disabled or as a result of old age is unable to work. Indefinite alimony could also be awarded in a plethora of different factual circumstances.

The Court must look at “The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties” in making an alimony determination.

Ability to pay is a crucial factor in determining the amount of alimony and whether or not alimony should be awarded. There are many cases in which a spouse is in desperate need of alimony but the other spouse does not have the ability to pay sufficient alimony. In some cases, the spouse does not have an ability to pay because of a child support obligation to the other spouse or child support owed for other children.

Furthermore, according to The Rhode Island Supreme Court, “Section 15-5-16 does not explicitly prohibit one lump-sum award.” However,  lump sum award alimony appears to be disfavored under RI Law.

The best candidate for alimony is a spouse who put aside his or her career ambitions for many years to be a homemaker and care for the children. As a result of the role of nurturing the children and establishing and maintaining a home, the other spouse was able to advance his or her career in order to be able to afford to pay alimony.

In some cases, the family made a decision that one parent would put aside his or her career aspirations to raise a child or minor children. As a result, the homemaker’s skill set is so outmoded that he or she is unable to obtain suitable employment. This is usually because the homemaker’s job skills, employment history, licenses, training, skills, experience or degrees became outmoded or irrelevant. Perhaps the person does not have enough of an employment history to be able to be self supporting and self sufficient without receiving alimony. In some cases the spouse is unable to work because the spouse currently has a physical custody and placement of a young child.

For this type of person, the intent of an award of Rehabilitative Alimony would be to allow a person to build a work history, advance his or her education, employment training, licenses etc. so that the person can be self supporting and self sufficient in the future.

Another type of person who is an excellent candidate for alimony is a person who is temporarily disabled or permanently disabled especially if the marriage has been a long marriage. Another good candidate for alimony is a spouse who has severely disabled children which renders it difficult  or impossible for the person to seek employment.

“The assignment of property must precede any determination of alimony because the needs ofeach party will be affected by the equitable distribution of the marital estate.Section 15-5-16.1(c). In determining the amount of alimony, the court must consider: “(i) [t]helength of the marriage; (ii) [t]he conduct of the parties during the marriage; (iii) [t]he health, age,station, occupation, amount and source of income, vocational skills, and employability of theparties; and (iv) [t]he state and the liabilities and needs of each of the parties.” Section15-5-16(b)(1).6

Rhode Island Child Custody and Placement plays a role in an alimony determination. If the parties have children, the Court must also make an award of Rhode Island Child Support before the Court determines an alimony award.  The Child Support award plays a large role in determining the resources of the parent with physical custody of the minor child. A child support  http://www.slepkowlaw.com order also may severely affect  a n individuals ability to afford alimony in the future.

The needs and expenses of both parties is crucial in determining alimony. Needs and expenses are intertwined with the standard of living of the parties. The Court may look at the following types of expenses and needs: rent, mortgage, taxes, insurance, food, health insurance, uninsured medical expenses, prescription expenses, dental expenses, cable, internet, utilities, heat, gas , vehicle expenses etc.

Although conduct is a factor in alimony determinations per the RI Alimony Statute, it is not a significant factor since alimony is basically need based. Conduct such as an affair, drug or alcohol addiction, gambling problem, domestic violence plays more of a role in equitable division of assets then in an Alimony determination.

An award of alimony has Federal Income Tax consequences. Alimony is taxable to the spouse who receives the alimony and is deductible by the spouse who pays alimony. In order to qualify as alimony,

Alimony must terminate on the death of the payee spouse and upon the remarriage of the payee spouse. Payment of alimony is a taxable event to the payee spouse.

This is very different from payment of child support. Payment of child support is a non taxable event. The parent who pays child support is not entitled to a deduction for payment and the receiving spouse does not include the payment as income. Therefore it is tax free money to the parent who receives the child support.26 U.S.C.A. 71.

The IRS has rules and regulations concerning what types of payments constitute alimony. The IRS has rules and regulations concerning when a parent tries to mask child support payments as alimony. Please consult with a Rhode Island Divorce and Family Law Attorney concerning the tax implications and rules concerning Alimony. A detailed explanation of tax rules, laws and regulations as they pertain to Alimony is beyond the scope of this article.

The designation of payments as alimony rather than property distribution has consequences in Bankruptcy Proceedings. An alimony award is generally not dischargeable in Bankruptcy. The interrelation between Family Law, Alimony and Bankruptcy is also beyond the scope of this article. Please consult with a Rhode Island Bankruptcy Lawyer/ Attorney.

Another important issue, perhaps crucial issue, is whether or not the parties enter into a property settlement agreement in the divorce.  In order for the alimony to be completely non modifiable, the alimony must be agreed to in a Property settlement agreement. The Court has no power to modify a property settlement agreement. A Court can only enforce or interpret a property settlement agreement. In the event of impossibility of payment, the Court could award equitable relief, equitably reforming the contract between the parties.  Please contact a Rhode Island Divorce Attorney concerning whether or not it is advisable to draft a Property Settlement agreement in your case.

Proper drafting of a Property Settlement Agreement and Alimony provisions in a Property Settlement Agreement is beyond the scope of this article.

The length of the marriage is a very important factor that the RI Family Court Judge looks at in determining Alimony. The Court also needs to hear testimony concerning the party requesting alimony plan to become self supporting and self sufficient.

The Court can also look at the relative ability of both spouses to earn income and or acquire assets and property in the future.

If a person is ordered to pay alimony and does not pay alimony, the other person can file a contempt motion. If a person is found in willful contempt of a Court order they could be jailed until they purge themselves of the contempt. Rhode Island Family Court judges take failure to comply with their alimony orders very seriously. If the Alimony award is modifiable, either party could file a motion to modify the alimony based on a substantial change in circumstances.

§ 15-5-16 Alimony and counsel fees – Custody of children.

(a) In granting any petition for divorce, divorce from bed and board, or relief without the commencement of divorce proceedings, the family court may order either of the parties to pay alimony or counsel fees, or both, to the other.

(b) In determining the amount of alimony or counsel fees, if any, to be paid, the court, after hearing the witnesses, if any, of each party, shall consider:

(i) The length of the marriage;

(ii) The conduct of the parties during the marriage;

(iii) The health, age, station, occupation, amount and source of income, vocational skills, and employability of the parties; and

(iv) The state and the liabilities and needs of each of the parties.

(2) In addition, the court shall consider:

(i) The extent to which either party is unable to support herself or himself adequately because that party is the primary physical custodian of a child whose age, condition, or circumstances make it appropriate that the parent not seek employment outside the home, or seek only part-time or flexible-hour employment outside the home;

(ii) The extent to which either party is unable to support herself or himself adequately with consideration given to:

(A) The extent to which a party was absent from employment while fulfilling homemaking responsibilities, and the extent to which any education, skills, or experience of that party have become outmoded and his or her earning capacity diminished;

(B) The time and expense required for the supported spouse to acquire the appropriate education or training to develop marketable skills and find appropriate employment;

(C) The probability, given a party’s age and skills, of completing education or training and becoming self-supporting;

(D) The standard of living during the marriage;

(E) The opportunity of either party for future acquisition of capital assets and income;

(F) The ability to pay of the supporting spouse, taking into account the supporting spouse’s earning capacity, earned and unearned income, assets, debts, and standard of living;

(G) Any other factor which the court expressly finds to be just and proper.

(c) For the purposes of this section, “alimony” is construed as payments for the support or maintenance of either the husband or the wife.

(2) Alimony is designed to provide support for a spouse for a reasonable length of time to enable the recipient to become financially independent and self-sufficient. However, the court may award alimony for an indefinite period of time when it is appropriate in the discretion of the court based upon the factors set forth in subdivision (b)(2)(ii)(B). After a decree for alimony has been entered, the court may from time to time upon the petition of either party review and alter its decree relative to the amount and payment of the alimony, and may make any decree relative to it which it might have made in the original suit. The decree may be made retroactive in the court’s discretion to the date that the court finds that a substantial change in circumstances has occurred; provided, the court shall set forth in its decision the specific findings of fact which show a substantial change in circumstances and upon which findings of facts the court has decided to make the decree retroactive. Nothing provided in this section shall affect the power of the court as subsequently provided by law to alter, amend, or annul any order of alimony previously entered. Upon the remarriage of the spouse who is receiving alimony, the obligation to pay alimony shall automatically terminate at once.”

Rhode island (RI) Attorney David Slepkow Represents clients in all Rhode Island (RI) Counties including: Providence County Family Court (Providence, East Providence, Cranston, Barrington, Bristol, Warren, Pawtucket etc.), Kent County Family Court (Warwick, Coventry Etc.,) Newport County Family Court (Tiverton, Newport, Portsmouth, Middletown), Washington County Family Court ( South Kingstown, Wakefield etc.)

Rhode Island legal Notice per RI Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all Lawyers / Attorneys in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.

David Slepkow is a Rhode Island lawyer concentrating in Divorce, Family law, Restraining Orders, Child Custody, Child Support, DCYF, Post Divorce, Relocation out of State Personal Injury and Automobile / Car Accidents.

David has been practicing since 1997 and is licensed in Rhode Island (RI), Massachusetts (MA) and Federal Court. Free Initial Consultations. Credit Cards Accepted.

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Spousal Maintenance, Alimony, and Family Law in Minnesota

Are spousal maintenance and alimony the same thing in Minnesota?

Basically, yes.  Spousal maintenance, formerly called alimony, is the financial support that one spouse is ordered to pay to another spouse in a dissolution of marriage proceeding.

Is there a set amount that I must pay or can receive in spousal maintenance?

Unlike child support, there are no statutory guidelines the Court is required to follow in setting spousal maintenance. The amount and duration of a spousal maintenance award is dependent upon the length of the marriage, the disparity in earnings and earning capacity, and the respective monthly living expenses or needs of the parties.

Can I get or will I have to pay permanent maintenance?  When will it end?

Permanent spousal maintenance may be awarded in long term marriages where there is a great disparity in incomes between the parties, while temporary or rehabilitative spousal maintenance may be awarded in shorter marriages where the spouse receiving the maintenance has an ability to increase his or her earnings within a projected period of time.

Absent specific agreement of the parties or order of the Court, permanent spousal maintenance will only terminate upon the death or remarriage of the spouse receiving the financial support. Parties can agree on the amount and duration of spousal maintenance or can even waive their right to receive financial support if none is needed or if they are compensated through some other means.

Absent such a waiver, spousal maintenance awards can be reviewed by the Court at a later date to determine if the award should be modified, extended, or terminated. To modify a spousal maintenance award, the party requesting a modification must demonstrate that either party has suffered a substantial change in financial circumstances which makes the existing award unreasonable or unfair.

If the parties waive their rights to receive financial support from each other, specific language may also be included to dispossess the court of any authority to award spousal maintenance in the future. Such language can also be incorporated into an agreement to prevent a court from examining existing spousal maintenance awards in the future. These types of waivers are specific to the issue of spousal maintenance and cannot be used by the parties to waive obligations with respect to the financial support of children or relative to the authority that the Court exercises over those children.

A court will consider a list of different factors in determining whether an award of spousal maintenance is reasonable. Due to the lack of any defined rules with respect to such awards, it is important for both individuals requesting spousal maintenance, as well as those who are asked to pay spousal support, to consult with an experienced family law attorney to protect their interests.

Vincent Martin and Joyce Cundy

Minnesota Lawyers

www.cundyandmartin.com

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Alimony and Divorce Attorneys

Divorce is the true feature of today’s times. There are more couples divorcing rather than staying together. it is because of this reason why there happens to be necessity of alimony and divorce attorneys. Divorce is painful, however, if one out of the couple is dependant financially on the other partner this divorce could also prove to be disastrous. It could mean that this person has been left with no mean to fend for herself/himself. This means this person ends up being totally unsecured and may be left a beggar. This is where alimony becomes important.

Alimony and divorce attorneys need to be competent and strong willed. These also need to understand personal problems of their client and help them get through difficult legal procedures of divorce without causing too much stress. At the same time these lawyers need to insure that their client’s interests are well protected and that they do not end up being shortchanged.

Alimony and divorce attorneys can be found through the internet, here through websites, you will gain to the best attorneys in your geographical area. You will also find out details about their prior experience, their previous clients and whether or not they have been satisfied with their services. Through the internet, you will be able to check out almost all details of the attorneys, which makes it simpler for you to hire the best of them.

Procedure of divorce is relatively simpler, however, with alimony at times it is necessary to establish that the person was dependant on the other for financial security, otherwise, it is difficult to gain alimony. Again the earning partner is not very ready always to part with his money, no wonder, this makes it difficult for the dependant person to sustain himself. Here alimony and divorce attorneys can prove immensely helpful.

Things become complicated in case of those couples where that has been a history of domestic abuse or dominance of any type. This is when the attorney may have to bring forth to the notice of the court the facts of such a case, which can result in the abusive partner also paying compensation, in case of serious abuse, such a person could also end up with being punished for his crimes.

It is therefore very necessary to hire a sensitive attorney, who can deal with all facts and reasons for divorce. Here it is always necessary to establish facts so that there is no confusion regarding who should be paid alimony and how much. It may also be necessary to rake up financial records so that there the other party does not cheat the court regarding income so that he has to pay less than what should actually be paid.

Alimony and divorce attorneys need to be experienced. An inexperienced attorney can cost you quite a lot, therefore, check out credentials of this lawyer before you actually finalize on one. You will require paying your attorney, in case of alimony the attorney will charge some percentage of amount granted as alimony.

Alimony and divorce attorneys should be smart and well experienced.

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Ex husband took second mortgage out on our house. In divorce he said it was his responsiblity to take care of it, cuz he used the money for his personal use. He neglected to mention this in the divorce and two years later sued me to get me to back pay him on it and also to be responsible for it. The judge ordered him to pay it for two more years, seeing as I never recieved alimony. After the two years I am supposed to apply for a mortgage to put my home loan and this 2nd mortgage of his, into one loan of my own. If I am unable to refinance (which I was unable to do), he is to motion the courts. But what I need to know is if I need to tell him or the courts that I was unable to get this loan…who do I tell…do I need a lawyer right away for this?

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My lawyer states I can expect nothing more than the base guidelines for child support and alimony. I will never work, my youngest child, 8 years old is severally mentally disabled, married 16 years, ex to be income 0,000, my income on SS 20,000, plus childrens SS disability 10,000.

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My coworker was in the break room yesterday and several of my female coworkers were telling him to leave his wife and get divorced. He was expressing how he would hate to do that because of what he felt would happen to the kids.

He’s from a very traditional culture. His wife doesn’t work and he provides a good life for his wife and kids. He feels that she doesn’t love him, and only cares for him as a father & not a husband.

My assessment is that she controls him emotionally. I’ve been where he is and I could see it in his face and hear it in his voice. He is an utterly defeated man. He feels that his wife can’t take care of the kids without him there; or that she would intentionally allow the kids to become problematic in order to gain sympathy and emotionally blackmale him.

He is having physical problems: ulcers, headaches, insomnia, etc.

Because of his culture, going to a therapist is completely out of the question.

I understand his desire to keep his family together and his fear of what will happen to his boy & girl if they divorced. These are aspects that my female coworkers did not understand.

I later advised him that if he was going to stay for the sake of his family that he should seek happiness outside of his marriage. I know some people feel that cheating is the biggest sin there is; however I can imagine what a divorce would do to him and his standing within his family and community for basically condemning his family to poverty. He makes about /yr which in Southern California barely makes you middle class. His wife doesn’t work and has few job skills. And they have two small children. Most likely she would get child support and alimony that would equal half his income, and keep the house. She won’t be able to take care of 2 kids and pay the mortgage on k/yr. And he won’t be able to afford a decent apartment in LA on that income.

His concerns aren’t financial; because he’s a GREAT father. However, reality is reality and those are the numbers he’ll have to work with.

So I told him that he should find someone on the side that could at least provide an escape for him every now and then, because when I was in the situation I had a nervous breakdown and he feels he’s on the verge of one.

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