Alimony is financial support paid by one ex-spouse to the other after the marriage legally terminates. Alimony is also referred to as spousal support. Temporary alimony can be granted while the divorce is still in progress, to assist until the divorce is final. When the divorce becomes final, there may or may not be an order for alimony after the divorce. If alimony after the divorce is awarded, that amount could be higher or lower than the temporary amount.
Furthermore, Alimony Pendente Lite (APL) is when the dependent spouse is seeking support in connection with a divorce. A dependent spouse can prove that they cannot earn enough income because of a lack of skills, lack of education, ill health, or the responsibility of taking care of young children. The dependent spouse is entitled to support at a level equal to the standard of living that they had during the marriage if the other spouse’s finances are sufficient to provide this.
However, there are other types of support besides money that may be requested during a support action. The plaintiff, who is the person filing for support, may seek medical and hospital coverage for themselves and their children to be provided by the defendant, who is the person being asked to pay support. This request is limited by the kind of coverage available and the cost to the defendant.
Moreover, a plaintiff may request that the defendant help contribute toward all medical, dental, and prescription expenses not covered by insurance. Also, the defendant may be required to pay for a share of daycare expenses for the children, which would allow the plaintiff to work or attend school.
But, the plaintiff receiving Temporary Assistance for Needy Families (TANF) benefits will, by law, be considered non-cooperative. This can happen if they are unable to provide information sufficient to serve notice on the defendant or to proceed under the Federal Parent Locate System.
Furthermore, a spouse can ask for support as soon as a family law case begins. When a couple separates, the spouse with less income often has immediate financial needs. As soon as a family law case is filed, that spouse can request the court to order spousal support. If the spouses cannot agree on support, a judge must decide. A judge can order support in any amount the spouses agree on. But, if the couple cannot agree, then the judge decides the amount.
How is Alimony Amount Decided?
Judges order support based on needs and ability to pay by the spouses. The judge decides the amount by examining the following:
- The needs of the spouse with less money and;
- The ability of the spouse with more money to pay
They will see how much one spouse needs to meet their expenses and whether the other spouse makes enough to meet that need. Judges often use a guideline formula to calculate the need and ability to pay. Generally, In most courts, the judge utilizes a math formula to figure out the needs and ability to pay. A common temporary spousal support formula may be like: Monthly support = 40% higher earner’s net monthly income – 50% lower earner’s net monthly income.
For instance, In your court, the judge may use this formula or something different. Judges use the formula as a guide or starting point, these formulas are meant to lead the way. The judge can vary the amount based on your situation. For example, it might vary if you or your spouse:
- Pay for your child to attend college;
- Have high medical bills;
- Have enough money in savings;
You and your spouse can always agree to a different amount that makes sense for your situation/ You can ask to change the amount of temporary support if either of your finances changes.
If either of your financial situations alters, you can ask the judge to modify the amount or end support. For instance, if you are paying support and you lose your job or your spouse starts working, you can ask the judge to change support. You must ask to change the temporary support amount immediately. A judge can only change the amount as far back as the date you filed the papers asking for the modification.
How Can I Modify My Alimony Payments?
Alimony may be modified if there has been a change in your circumstances. The party seeking the modification must return to the court that granted the order to file for the modification. Most states can self-help forms to file for a motion that you can use to request a change in alimony. You can fill it out online, but you will still need to file it with the court.
The judge may modify an alimony award if the ability of the paying ex-spouse to make payments has significantly altered or if there has been a change in the needs of the person receiving the payments. In case there is a disagreement about alimony, you can ask the court to decide. The court may mandate that either party pay alimony “if it seems just and proper.” The judge will examine all of the relevant factors in your situation.
The law states that those factors include:
- Your ability to support yourself;
- The time necessary for you to obtain a job or receive training so you can become employed;
- The standard of living established during the marriage;
- Length of the marriage;
- Circumstances leading to the separation;
- Each party’s age;
- The physical and mental condition of each party;
- The ability of the spouse to pay alimony to support him or herself while making payments and;
- Financial needs and resources of each party, including standard income, income from assets, potential income, previous awards of child support, financial obligations of each party, rights of each party to receive retirement benefits, and taxability or non-taxability of income.
Furthermore, an order for support is eligible for a modification review every three years, or when there is a significant change in the needs of the child or the non-custodial parent’s income. Before a case can be submitted for modification, a review is conducted to verify the financial balances, non-custodial parent’s employment status, and other pertinent information.
Please keep in mind that the attorney presenting the case in court must be able to prove the non-custodial parent’s ability to pay. If not, the support payment may be lowered. If you believe that your order needs a modification review, you may request a review by contacting the service line or by submitting a letter of request to your local regional office.
Moreover, If there have been substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not change alimony to address the needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so.
Regardless of whether a party’s retirement is foreseeable, the party’s retirement is a substantial material change in circumstances that is subject to a petition to modify alimony. This is true unless the divorce decree expressly states otherwise.
When Do I Need to Contact a Lawyer?
Alimony is an issue that arises once the couple decides to divorce. However, there are many factors to examine to grant alimony and modify it once it is decided upon. You can seek out a local family lawyer in your state to better assist you with this issue.
