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How Courts Decide Alimony Amounts

>> Feb 20, 2017

As compared to child custody cases where the court is responsible in deciding which parent the child is going to live with, it's different with the alimony amount. It's not as complicated as it may sound. Likewise, by reading this article, you'll also discover how you can receive the fair amount of alimony with the help of a certified lawyer. That said, allow us to discuss how the court decided the alimony amount.
1. Based on the Spouse's Financial Need
In determining the alimony amount, the court considers the financial need of the requesting spouse and evaluates it based on his or her income. Wherein, if the court finds out that the spouse's income is insufficient to support her daily needs, the court proceeds to calculating the amount of deficiency. This would be classified as the spouse's “need.” It's important that the daily living expenses of the spouse is reasonable and necessary. In a lot of states, the law specifies that in settling alimony, the court should consider how much is needed in order to meet the “standard of living” established during marriage. In order to validate that, the court usually asks for a proof of income and expenses-- this can be through the bills and receipts gathered every month. Rest assured that the court won't automatically assign the total amount of need as alimony. Instead, it will be divided where both parties would receive a fair share.

2. Based on the Ability to Pay
Aside from that, the court also ensures that the non-requesting spouse would be able to pay the alimony. For that, the court subtracts the non-requesting spouse's cost of living to his other regular expenses from what he/she earns every month. Any incoming remaining after this calculation would be considered disposable and classified as alimony amount. On the other hand, if the non-requesting spouse doesn't have additional money after the calculation, then he won't be required to pay the alimony.

3. Marital Circumstances
The court could also determine the alimony based on the standard of living during marriage, amount of marital property, and non-monetary contributions to the marriage. It's important to note that the alimony payment would also be determined based on the demise of the marriage. Wherein, if the non-requesting spouse have committed adultery, the other spouse would receive a large alimony award as compensation. However, other courts don't follow this rule. Thus, it's important to know if this factor would be considered in your chosen court.

4. Amount and Duration of Payments
The court's calculation would also determine the amount of alimony to be awarded. This is considered to be the last step. The court decided the amount based on the future earning capacity of both spouses, the ability to be financially sufficient, and if there are obligations that must be met by the requesting spouse. Alimony payments can be made periodically, but it can also be in a lump sum. Periodic payments can be done monthly, quarterly, or yearly depending on the spouse's preference and the court's decision. Usually, the court decides based on the need of the other spouse.

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Welcome to my blog. I'm a home maker, a stay at home wife. I'm just an ordinary woman who has interest in reading, working at home and learning to write. We live in Bogor, Indonesia.
This blog contains articles in family topic.
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