How Does The Court Determine Spousal Support?
By: LawInfo
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.
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Additional Spousal Support FAQs
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Q:
When May Maintenance And Support Be Awarded By A Court?
A: Depending on state law, a court may award maintenance to either spouse. Maintenance refers to money payable or property transferable by one … More -
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 -
Q:
Can an order for maintenance or support be changed or varied?
A: A court may vary an order or an interim order for maintenance or support in the following situations: there has been a significant change in the condition, means, … More -
Q:
Can the amount of support payments be changed?
A: Either party to a support payment agreement or a court-ordered support application can apply to the court at any time to vary the amount of support payable … More
Divorce Sub-categories
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Annulment
Marriage Separation | Qualified Domestic Relations Order |
