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Kemp Timmons

Divorce and Alimony Formula - 0 views

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started by Kemp Timmons on 01 Oct 13
  • Kemp Timmons
     
    In divorce, a typical issue is, "what will be the alimony formula." Well, there is really no set alimony formula for divorce. This really is in complete contrast to son or daughter support, that will be decided based on a particular formula in each state. Alimony is founded on factors and those factors are decided through divorce arbitration or by way of a divorce judge. But, there is no alimony method available to your divorce attorney or one to determine in advance what alimony will be paid in your case.

    What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony elements that are common from state to state. So, although there is no specific alimony method for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.

    In divorce, a few of the alimony elements that a judge may take a look at are the following. First is the size of your relationship. If the parties have been married for twelve months, the court's attitude towards a request for alimony will be different than if the parties have been married for 20 years. It is difficult to connect this issue in to an alimony forumla to look for the alimony amount, since the period of relationship varies so much in most divorces.

    Still another factor influencing the award of alimony is employment status. If you think any thing, you will certainly require to research about wblawgroup.com. Clearly, if the spouse seeking alimony has been unemployed or underemployed for a number of years to care for young children, your home, or the spouse, that's a factor that can militate in that spouse's favor if he or she's seeking alimony. On-the other hand, if that partner gets the ability to obtain work that will more than adequately meet their needs, the court might feel a differently about awarding alimony to that party. Other factors which might be considered carefully with this aspect include level of knowledge, work experience, the age of kids within the household, and work history.

    A major factor that can influence an of alimony is the level of property to be kept o-r divided by the parties. In the event the partner seeking alimony has been a stay at home parent, but will have signifcant assets after divorce or has individual assets, like a trust fund, the court's attitude towards the award of alimony will be affected. The judge will surely see a for alimony under these circumstances much different than a request made by an individual who is getting no assets in-the divorce or who does not have any individual property.

    The fitness of the party seeking alimony is really a key issue that can influence a decision in awarding alimony. If the partner seeking alimony features a debilitating physical condition that impacts whether or how much they can perform, the court won't wish to impoverish that celebration after divorce and the court will be more likely to use alimony to deal with at least essential living needs.

    One other factor that should be considered by the events and by the divorce court, is the taxability of the alimony payments. In most instances, when there is no particular provision to the opposite, spousal assistance payments are taxable to the receiver and tax-deductible to the payor. The tax benefit obtained by spreading out economic prosperity in this fashion can be significant and ought to be discussed in depth with your divorce lawyer.

    One problem that is not often considered by the court, but should be discussed with your divorce attorney, is that alimony payments are, in general, not dischargeable in bankruptcy. If you have any possibility the party who is to pay alimony will be filing for bankruptcy, the divorce attorneys will discuss very hard on both sides to maximize the final benefit with their client in divorce.

    It will thus be evident that in divorce, there may be no simple alimony forumla, no matter what state you reside in. It is impossible to put these and other facets into a mathematical formula to arrive in a "correct" alimony formula. It's necessary that the divorce court, or the divorce attorneys evaluate how these different and different factors affect both parties in the divorce and then reach a solution that involves all the divorce problems, including property settlement and alimony. They cannot just put up an alimony system that will work with all parties.

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