In order to receive spousal support, a person must first file an alimony petition with the court. The court clerk will then set up a hearing to hear arguments and examine evidence. If the party who owes the spousal support does not pay, the court may modify the alimony order. However, a modification will not automatically result in a reduction in the amount paid to the recipient.
Alimony payments can be modified if the circumstances of either spouse change significantly. For example, the support-paying spouse may move in with someone else or make more money. In these cases, it is important to consult an attorney to determine the proper course of action. Otherwise, the spousal support payments may be cut off altogether. However, the support-paying spouse should always be aware that the order may not be flexible. Understand how the law works with the help of a skilled Miami family law attorney.
While alimony awards were traditionally awarded to former wives of breadwinning husbands, recent changes in society have resulted in judges awarding spousal support for “rehabilitative” reasons. These awards can be for years or even decades if the recipient spouse is disabled or ill. In most cases, spousal support will continue until the court rules otherwise. However, awards will generally cease once the recipient marries again.
In determining spousal support, the court will consider the income of one spouse, the length of the marriage, the need of one spouse, and the ability of the other party to pay. Although alimony calculations may seem simple, they are complicated and oftentimes involve a great deal of discretion. This is why it is crucial to seek the advice of a qualified divorce attorney when seeking support for yourself and your children.
Alimony recipients should be aware of the fact that cohabitation with a romantic partner can terminate alimony. This type of relationship must be more than merely dating or living together a few nights a week. Furthermore, the relationship must be sexually active and the lovers must be in a relationship that alters the financial needs of the ex-wife. While a weekend or a couple of nights together per week does not count as “cohabiting.”
If you wish to terminate alimony, it is important to consult with a qualified family law attorney as early as possible. They can explain your rights and help you prepare a strong case for the court. If your petition is denied, your attorney will help you devise a new plan in advance to ensure your best chances of success. A lawyer can also help the recipient spouse build a case for continuing spousal support payments.
If you or your spouse is unable to earn enough money to support yourself, alimony payments are usually ordered by a judge to keep up the standard of living of the other spouse. Although alimony payments rarely last forever, the recipient spouse may have to pay them for several months or years. In the event that this happens, it may result in criminal charges against the paying spouse.
Alimony can be temporary or permanent, and the judge can weigh factors such as retirement assets and benefits to make a fair decision. In some cases, alimony payments are meant to be temporary and rehabilitative, allowing the spouse receiving the support to learn and reenter the workforce. Ultimately, the recipient is expected to be self-sufficient in the future. In other cases, permanent spousal maintenance is necessary, particularly when the income discrepancy is substantial.
The length of the marriage is another factor in determining the length of alimony. A court may order the recipient spouse to pay monthly alimony for up to half of the duration of their marriage. If there is no length of marriage beyond a year, however, the payment can be ordered up to 30 months. This can be a significant amount of money. A family law attorney can help identify the factors to keep in mind when deciding on alimony.
Permanent alimony is only awarded in rare cases of incapacity and is often the result of a long marriage. In these cases, the recipient will receive either a lump sum or a series of monthly payments. Typically, the payments will stop after the recipient is remarried or reaches a certain age. A judge also has the discretion to end the alimony payments. If a person wants to receive alimony, he or she must prove that he or she can meet the criteria.