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Alimony
| 1.
Alimony (Spousal Support) |
Alimony,
now known as spousal support, is essentially a division of the marital
income where one party pays a portion of their earnings to the other
party. It is generally awarded when there is a big difference in the parties' incomes.
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| 2.
Will I have to pay or can I receive spousal support?
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There
is no specific formula in Ohio to determine when someone must pay or can
receive spousal support. The law does tell the court to examine a number
of factors, including:
1. the income and assets of the
parties
2. the earnings of the parties
3. the ages, the physical
mental and emotional conditions of the parties
4. the parties
retirement benefits
5. how long the marriage was
6. the standard of
living established during the marriage
7. the extent its necessary for
one party to stay home with minor children
8. the parties educational
levels
9. the liabilities of the parties
10. contribution one party
may have made to the others education
11. training or earning
ability,
12. how long it will take for the persons seeking spousal
support to obtain job experience, training or education to obtain
appropriate employment
13. the tax consequences of the parties
14.
lost income resulting from the parties marital
responsibilities.Our office is experienced in estimating the actual dollar figure of
support by utilizing these factors. Contact us for a free
case evaluation which will include a calculation of support levels in your case.
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| 3.
What is a temporary support order? |
A
temporary support order is issued by the court in order to insure the
continued financial stability of the marital estate. Essentially, the
court wants to make sure that bills get paid, mortgages get taken care of
and nothing falls into default. Since the purpose of temporary support is
to maintain the status quo, the fact that someone receives temporary
support or has to pay temporary support is not an indication of whether or
not they would receive support after the divorce is finalized.
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| 4.
How long will support last? |
Spousal
support can last for a specific time frame, such as one year etc., or it
may be ordered to continue indefinitely. Specific time periods can be
negotiated by the parties or the court can determine what would be
appropriate. When a court orders indefinite spousal support the court
generally reserves jurisdiction to modify the order, if circumstances
change.
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| 5.
Modification of Support. |
If in a
divorce decree the court reserves jurisdiction to examine the issue of
spousal support at a later date, the court at the request of one of the
parties can change the amount and in certain cases the duration of
support. The court looks to determine whether there is a change in
circumstances, such as the retirement of the party paying. A change in
employment status could also justify a change in support levels. However,
if the change is considered "voluntary" the court may decline to modify
support.
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| 6.
What happens if someone quits or is fired from their job?
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It is
frequently asserted by one party that they will quit their job to avoid
the payment of support. Also, sometimes people do loose their jobs. In
these circumstances the court must determine whether or not this was a
voluntary act. It should be noted that being fired from a job is generally
considered to be voluntary. If a person "voluntarily" decreases their
income they generally will not receive a reduction in support levels. Leaving them in the terrible position of having to pay support set at a level of income they no longer have.
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| 7.
What other reasons are there to reduce or modify support?
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The
court can examine the following reasons to make a determination whether a
modification of support is appropriate.
1. Involuntary decreases in
income
2. remarriage of the recipient
3. death of either party
4.
cohabitation in certain situations
5. an increased ability to pay
6.
the retirement of the payee
7. other appropriate
circumstances.
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| 8.
What are the tax consequences of support? |
Alimony is taxable income to the recipient and deductable from the payor's gross income.
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Unfourtunately, unlike child support, there is no "standard calculation" for the award of alimony. The exact amount depends on the factors listed above and the court in which your action proceeds. Attorneys familiar with the courts in your area should be able to give you a good estimate of what would be ordered in your case. If you are in our service area, click here for a free evaluation of what support will be in your case.
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| 10.
Can a man receive alimony? |
The award of alimony is gender neutral. While it is unusual, if all the factors are met, a man can receive alimony.
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