Rate of Alimony Payments
From LoveToKnow Divorce
When the judge needs to calculate the rate of alimony payments, he or she considers the length of the marriage, as well as how likely it is that the spouse receiving the payments will be able to become self-supporting.
Alimony is financial support paid by one spouse to the other as part of a separation agreement or divorce judgment. Most states do not have the same kinds of guidelines about alimony that are in place for child support payments, and a judge will need to determine what the rate of alimony payments should be.
Types of Alimony
There are three types of alimony payments that a judge can award: permanent, temporary, and rehabilitative.
Permanent Alimony
Permanent alimony is only awarded in certain situations. As the name implies, these payments will continue until the recipient dies or remarries. This type of alimony is usually reserved for times when the couple were married for a long time and one spouse was out of the workforce to raise children and look after the home. It is unlikely that the person would be able to find work and become self-supporting within a reasonable amount of time.
Another situation where the judge would consider ordering permanent alimony is when the payer is a wealthy person and the recipient would not be able to maintain the same standard of living they had while married without receiving financial assistance.
Temporary Alimony
Temporary alimony will be ordered as a way to compensate the recipient for contributing to the other spouse's business or so that he or she could get established in a career. This form of alimony may also be ordered to allow the recipient to remain in the home to care for a child up to a certain age.
Rehabilitative Alimony
This form of financial support may be ordered to give the recipient time to take a training course or upgrade their education to become self-supporting. It will only be ordered for a specific time and then be stopped.
Rate of Alimony Payments
The rate of alimony payments will depend on the payer's financial situation. If there is a large gap in income between the spouses, it is more likely that the judge will order that alimony should be paid.
Child Support and Alimony
The Court will consider whether there is enough money for the non-custodial parent to meet their obligations for child support first. Once a determination has been made regarding child support and other expenses involved in raising children, then the question of whether alimony is appropriate is brought forward.
Ability to Pay
Income and expenses for both spouses are examined to determine whether there is a financial need for alimony and if the other spouse has the means to pay. The spouse considering a request for alimony will need to factor in their present and future financial needs in order to make a decision about whether to proceed.
In the case of a person who is not able to support themselves, the judge will want to know what plans they have for becoming self-sufficient and how long they expect the process to take.
Many factors are taken into account when a judge is asked to make a ruling about whether spousal support should be paid, and what the rate of alimony payments should be. Each situation is different, and divorcing people should consult with an attorney to get the advice they need.
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This page has been accessed 786 times. This page was last modified 16:05, 14 December 2008.
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