How Does The Court Determine Spousal Support?
In general, after a divorce case is filed, if the parties can not agree upon a support amount, then the court will order some type of “interim” support. This amount of support is intended to maintain the status quo while the divorce is going on and until a final order of support is made by the judge. This initial support amount is usually calculated using some type of computer software program that takes into consideration the earnings of both spouses.
The final support payment ordered by the judge usually looks at factors beyond the present earnings of the parties. Often times the judge will take into consideration each party’s ability to earn income, the age of the parties, the health of the parties, how long the parties were married, the educational background and other similar factors.
The final support payment ordered by the judge usually looks at factors beyond the present earnings of the parties. Often times the judge will take into consideration each party’s ability to earn income, the age of the parties, the health of the parties, how long the parties were married, the educational background and other similar factors.
Other Spousal Support FAQs
-
Q:
What Can I Do If My Spouse Does Not Make The Spousal Support Payments?
A: You can take your spouse back to court. Once there, the judge has many tools available for your use. For example, you could have the judge issue a wage … More
Family Law Sub-categories
Adultery
Adultery
When Do You Need to Hire a Lawyer?
Divorce and Alimony
Divorce and the "Bankrupt Marriage"
How a Prenuptial Agreement Plays Out in Divorce
Simple Divorce