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Topic: Spousal support


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In the News (Thu 16 Feb 12)

  
  Californa Spousal Support (Alimony) Law And Procedure - Spousal Support (Alimony) Attorney (Lawyer)
Note: A spousal support order must be consistent with the supporting spouse's ability to pay as determined by his or her circumstances at the time of the support hearing--i.e., the obligor's present (not past or future) circumstances (current income/cash flow, assets, earning capacity, etc.) control.
Spousal abuse conviction (mandatory factor for support reduction/termination): The criminal conviction of an abusive spouse is a mandatory factor to be considered in making a reduction or termination of spousal support in accordance with Ca Fam § 4325.
Spousal support orders for a fixed duration terminate at the end of the period specified in the order unless the court retained jurisdiction in its most recent order to extend the obligation.
www.kinseylaw.com /clientserv2/famlawservices/spousal/spousalsupport.html   (1536 words)

  
 Spousal Support Lawyers / Child Support Attorneys in Southeastern Pennsylvania   (Site not responding. Last check: 2007-11-03)
The support of a spouse or child is a priority obligation so that a party is expected to meet this obligation by adjusting his or her other expenditures.
The amount of support (child support, spousal support or alimony pendente lite) to be awarded pursuant to the Pennsylvania support guidelines is determined by factoring together the income or earning capacity of both parties and applying the guidelines calculations to determine a presumptive basic support obligation.
The presumptive minimum amount of child support is the obligor's percentage share of the highest amount of support which can be derived from the guidelines for the appropriate number of children and using the parties' actual combined income to determine the obligor's percentage share of this amount.
www.wolfbaldwin.com /lawyers_attorneys/services.asp?ServiceID=176&SectionID=36&Page=spousal_child_support_law_alimony_APL_guidelines_PA_Pennsylvania.asp   (823 words)

  
 Divorce Legal Services: California family law specialists 1-800-949-7004
Spousal support may be ordered on a temporary basis, on a permanent basis, or both.
Spousal support is usually ordered in terms of a specific dollar amount to be paid periodically.
If there is a spousal support order currently in place, your lawyer will need to know the date of the order, the county it was filed in, and what the specifics of that order are.
www.divorcelegalservices.com /spousal.htm   (768 words)

  
 California Courts: Self-Help Center: Families & Children: Child, Spousal, & Partner Support: Child, Spousal, & Partner ...
This is called a "temporary spousal support order" or a "temporary partner support order." Many counties have formulas for calculating the amount of a temporary spousal or partner support order.
Usually, spousal support is tax deductible for the paying spouse and taxable income for the supported spouse.
The judge may also award child support starting from the date of the hearing, the date the other parent was served, or another date depending on the facts in the case.
www.courtinfo.ca.gov /selfhelp/family/support/supqna.htm   (1448 words)

  
 Spousal Support
Permanent spousal support can be structured as a set monthly payment, or as a series of "step-downs" to encourage the supported spouse to re-enter the workforce (e.g., $1,000 per month for the first year, $750 per month for the second year, $500 per month for the third year, etc.).
Spousal support is supposed to continue for a period sufficient to allow the supported spouse to become self-supporting.
Spousal support is generally tax deductible to the person paying the spousal support, and included in the taxable income of the person receiving the spousal support.
www.a-1law.com /fl2.htm   (604 words)

  
 FAQ's - Child Support and Spousal Maintenance
Child support and spousal maintenance are not discharged in either Chapter 7, [§§ 727(b), 523(a)(5)] or Chapter 13 [§§ 1328(a)(2), 523(a)(5)].
Child support is awarded by the family law court in state having jurisdiction (or authority) over the case, so you could conceivably have 50 different answers to your question.
If the parent paying the child support is behind in support payments, the family law court might ordinarily order that he pay some additional amount on the back child support in addition to the regular child support.
www.doney.net /faq_support.htm   (888 words)

  
 Divorce Solutions - Spousal Support
The marketable skills of the supported spouse and the job market for those skills; the time and expenses required for the supported party to acquire the appropriate education or training to develop those skills; and the possible need for retraining or education to acquire other, more marketable skills or employment.
Spousal support is tax deductible to the payer and includable as unearned income by the recipient.
Unless the right to spousal support is terminated so that the court does not retain jurisdiction of the matter, there is always the possibility that a spouse can come back to court later to ask for support.
www.socaldivorcesolutions.com /spouse.htm   (585 words)

  
 Family Pamphlet - Spousal Support (Alimony)
Spousal support, also known as alimony, is money paid by one spouse to support the other.
Spousal support is not available to unmarried partners (except in rare cases where they have agreed to this).
If spousal support is ordered for more than ten years, the paying spouse can ask the judge to end it if there is proof that the spouse who gets support has not made reasonable efforts to become self-supporting.
www.osbar.org /public/olsbooklets/family/spousalsupport.html   (676 words)

  
 Alimony -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-11-03)
In many countries alimony, maintenance or spousal support is an obligation established by (The collection of rules imposed by authority) law that is based on the premise that both (A person's partner in marriage) spouses have an absolute obligation to support each other
Once dissolution proceedings commence either party may seek interim or pendente lite support during the course of the (A legal proceeding in a court; a judicial contest to determine and enforce legal rights) litigation.
Alimony should not be confused with (Court-ordered support paid by one spouse to the other who has custody of the children after the parents are separated) child support, which is the obligation of a non-custodial parent to support the (A young person of either sex) child(ren) of a former relationship.
www.absoluteastronomy.com /encyclopedia/a/al/alimony.htm   (352 words)

  
 Spousal Support
If you receive spousal support or family support under a court order or signed stipulation/agreement, you will have to DECLARE this income to the taxing authorities.
Spousal support is only available from the court retroactive to the date you file your motion for same, and the court does not have to go back that far.
The court has discretion in setting spousal support, and may offset community bills against it, or take into account your earning ability even if you are not working now.
members.aol.com /dewfemlaw/SpousalSupp.htm   (1029 words)

  
 selfhelp: Child and Spousal Support
Because of the complexity of child and spousal support matters and the importance of the outcome, it may be advisable to contact an attorney.
A child support order is a court order directing a parent to pay a specific amount of money for the support of each minor child of that parent who is not living with him or her.
Support orders may be issued as part of a divorce settlement, family support case, paternity action, or interstate child support case.
courts.michigan.gov /scao/selfhelp/family/support.htm   (1294 words)

  
 Family Law Primer - Spousal Support
Decisions respecting spousal support are subject to a high level of judicial discretion, so that it is often difficult to predict whether spousal support will be payable, and then, if entitlement is not an issue, the question of quantum, how much support will be payable, is also not capable of certain prediction.
The conditions under which support is available for a party to a common-law relationship are that the couple has been living together in a conjugal relationship in excess of three years, or have lived together for one year in a conjugal relationship and there is a child of their union.
Differences in the tax treatment of child support, which is non-taxable or deductible, and spousal support, which is taxable to the recipient and deductible to the payor, requires that at least two separate calculations be undertaken.
www.fbfamilylaw.mb.ca /spousalsupportprimer.html   (2991 words)

  
 Ontario Spousal Support Obligations
Spousal support is generally paid on a monthly basis although it may also be paid in a lump sum.
Unlike the federal guidelines for child support, these guidelines are only recommendations from the federal government – the courts are not obliged to follow them in deciding the issue of spousal support.
When a spousal support claim is made to the courts, both parties will be required to file a Financial Statement which containing a budget showing the court the total income and expenses of each of the parties.
ontariodivorces.com /spousal-support.html   (668 words)

  
 Spousal Support Facts
Spousal support and child support are reported for the third interview.
Some of the women who were originally awarded spousal support are still not eligible to receive support by the time 3 interview.
Child support and spousal support compliance are defined as the amount received as a percentage of the amount that is due.
www.copss.org /research/spousal.htm   (544 words)

  
 The Solution to the Child Support Guideline Problem
Spousal support should not be awarded as part of a child support award because spousal support can be awarded separately when appropriate and more fundamentally, spousal support is not child support.
In determining the amount of the child support, the court shall consider the economic needs of the children and determine payment by the parents in proportion to their respective ability to pay on the basis that each parent has an equal duty to provide financial support for their children.
Beyond the formulae for calculation of child support awards, there is the array of unrelated punishments such as the loss of drivers and professional licenses and the return of the United States to the ante-bellum standards of involuntary servitude and debtors prisons that had not been abandoned in the Soviet Union.
adrr.com /law1/csp11.htm   (11037 words)

  
 Spousal Support   (Site not responding. Last check: 2007-11-03)
If you receive spousal support or family support under a court order or signed stipulation/agreement, you will have to DECLARE this income to the taxing authorities.
Spousal support is only available from the court retroactive to the date you file your motion for same, and the court does not have to go back that far.
The court has discretion in setting spousal support, and may offset community bills against it, or take into account your earning ability even if you are not working now.
www.members.aol.com /dewfemlaw/SpousalSupp.htm   (1029 words)

  
 New York Spousal Support Attorney and Brooklyn Family Lawyer
Maintenance, also referred to as “alimony” and “spousal support”, is presented in the form of a monetary payment from one spouse to another.
Spousal support is important as it provides adequate income for a spouse who was dependent on their husband or wife.
Spousal support is often times the most difficult situation to deal with in the divorce process because it affects the current and future lifestyles of both spouses.
www.newyorkdivorceattorney.com /SpousalSupport.html   (435 words)

  
 Spousal Support Under Canada's Divorce Act
However, a valid spousal support agreement that has been negotiated with both parties having the benefit of legal counsel, will only very exceptionally be set aside but if the agreement also covers child support, a court will be much more inclined to intervene if that support is inadequate.
Spousal support can be varied if there is a change in circumstances since the original order with the onus on the applicant to show that there has been a change.
A spousal support order may be transferred to the benefit of government social assistance agencies, to seek reimbursement of welfare money which has been paid to support a spouse while support payment were in default.
www.duhaime.org /family/ca-divss.aspx   (884 words)

  
 Spousal Support
Two issues arise with regard to spousal support: The amount of spousal support and the duration of spousal support.
Spousal support awards and agreements are modifiable throughout the support period except as otherwise provided by agreement of the...
If there are custody and support disputes, it is customary to file what is known as an Order to Show Cause (commonly called an OSC) to obtain a special early hearing for orders for custody and support and for restraining orders.
www.1-divorce.com /spousal-support.html   (1131 words)

  
 Minnesota's Alimony Law
No matter whether spousal maintenance is awarded, denied or reserved after a trial, the issue may be always be readdressed and spousal maintenance modified upon a showing that there has been a substantial change in circumstance making the original award (or denial) unreasonable or unfair.
In most cases, the interests of persons asked to pay spousal maintenance are better served by offering an immediate buy-out of spousal maintenance in return for a waiver that would preclude the court from modifying spousal maintenance in the future.
As previously stated, some relevant factors considered by the court in deciding whether to award spousal maintenance include the finances of the parties, the education levels of the parties, the work histories of the parties, the health of the parties and the standard of living the parties established during the marriage.
www.nvo.com /beaulier/spousalmaintenance   (2272 words)

  
 Spousal Support – Los Angeles Family Law Attorneys, Divorce Lawyers, Alimony, Separation
Spousal support (alimony) is the money that a court may order one spouse to pay to the other following a separation or divorce.
Spousal support is usually established for a fixed period of time because the courts and judges are reluctant to make life time rulings for the payment of spousal support because it is seen as a transitional allowance and not permanent support.
Spousal support payments are usually tax deductible for the person paying support, and are usually considered taxable income for the person receiving the support payments.
www.los-angeles-divorce-attorneys.com /spousal-support.htm   (578 words)

  
 SurfWax: News, Reviews and Articles On Spousal Support
Spousal support means talking things over on a daily basis, and it's a key component of what the researchers called "marital cohesion," researcher Dr. Sheldon Tobe, assistant professor of medicine, University of Toronto, said in a prepared statement.
She is asking the court to have the marriage annulled, while Plummer is seeking to overturn a prenuptial agreement that prevents him from receiving spousal support.
He also is seeking spousal support from Gibbons and a separation of property as outlined in a 2002 postnuptial agreement.
www.lawkt.com /files/Spousal_Support.html   (3884 words)

  
 Divorce Library - Spousal Support (Alimony)
Spousal support, as it is now commonly called, has in the past been known as "alimony".
The deciding factor regarding spousal support is the need to maintain the spouse at his or her customary standard of living.
Spousal support can run for an unlimited period, subject to the death or remarriage of the recipient spouse, or it can be fixed to terminate on a specific date.
www.legalzoom.com /law_library/divorce/alimony.html   (378 words)

  
 Spousal Support in BC and Canada: Donald Moir's Family Law Canada
Spousal support (sometimes called alimony or spousal maintenance) is the payment of money by one spouse (the "payor") to the other (the "recipient").
In the days before "no-fault" divorce, spousal support was in general awarded on the basis that the party leaving the marriage should have to compensate the party wishing to remain in the marriage.
However, because it is more attractive from a tax point of view to have a support payment being deductible than not, couples will pay greater attention to the best mix of child support and spousal support for any given situation.
ourworld.compuserve.com /homepages/dlmoir/spoussup.htm   (1827 words)

  
 Executive Summary - Developing Spousal Support Guidelines in Canada: Beginning the Discussion (Background Paper, ...   (Site not responding. Last check: 2007-11-03)
Part II of the paper provides a brief overview of the current law of spousal support with a view to establishing the broad framework within which any informal guidelines would be expected to operate.
Post-Bracklow, spousal support law is distinguished by an expansive basis for entitlement in cases involving significant post-divorce income disparities and a reluctance to impose rigid durational limits on spousal support awards.
If there is some accuracy to the studies showing a relatively low incidence of spousal support, the development of guidelines might have a fairly significant impact in increasing the incidence of spousal support and in making spousal support a relatively standard part of many divorce claims, at least in middle and high income cases.
www.justice.gc.ca /en/dept/pub/spousal/exec.html   (1466 words)

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