2009 December

Dec 06

Alimony Guidelines

Let’s start by saying there are no specific documented alimony guidelines in any of the 50 states.

Nonetheless, because there is no documentation a Court will apply, what has resulted is that judges use individual parameters to help them in deciding about spousal support and any possible sum.

Courts to this point have not shown an inclination to settle on specific alimony amounts or how to calculate payments.. As an option, it’s left to the reasoning of the Court to settle on if the divorcee meets evident criteria.

Commonly the largest aspect judges take into account when determining alimony is the inequity of wages between you and your spouse.

The following are typical guidelines:

“    Income differences
“    Your Property
“    Your Children
“    Length of the marriage
“    Education of the husband and wife
“    Pre-nup
“    Fault in the divorce

After reviewing the above parameters, chances are good you’ll feel you’re in the unfortunate position to pay spousal support. However, since the above are not alimony guidelines, you won’t know for sure the Court will establish for your ex-wife.

Should the court reward your wife with spousal support, you can appeal the court’s verdict. To improve your chances of not making or dropping any payments, it’s essential you construct a very concrete case.

Why? beacause. . .

Men in the same situation can shell out radically different amounts when it comes to alimony. So why do some men get outstanding alimony agreements and other men don’t?

Typically, it’s all about your strategy and how firm your case is., since ultimately it’s not your income or finances that influence the costs.

Your strategy and approach determine how much, if any, alimony you’ll pay – more than your or your ex-wife’s financial state.

Now, there are actions you can take in regard to spousal support. By applying common sense and applying some uncomplicated but extremely effective strategies is your greatest protection.

At its simplest, your case must be built around giving evidence your ex can do well on the amount you feel is reasonable based on her capability to work, not on her defined monetary need.

This can be done by providing documentation of her income or job posting she would be capable for and the level of income those jobs would provide to her.

All of this assists the Court grasp how much money she needs and preserve a rational standard that doesn’t impoverish you.

As we said at the beginning of this article,, there are no set alimony guidelines, however by having a proven strategy and solid case you can use that to your benefit.

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Dec 05

The Divorce Decree: Your judge’s Final Word

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The final document in your divorce is the decree. If you and your spouse have reached an agreement, the decree normally would just recite and approve its terms. This is to say that whatever your terms were would be written out, and the judge would just sign your agreement without taking evidence or having a hearing. If you haven’t reached settlement, the decree contains the judge’s decisions regarding your debts, property and children.

Officially, nothing is final until the judge says it is. Even if you and your spouse have reached agreement, the decree has no effect until the judge approves your terms. Generally, the judge will do this. State statutes and just plain logic encourage the judge to be as efficient as he / she can. It doesn’t make sense for him / her to force two people to take up more court time if they don’t need it.

However, if the decree has terms that are "against public policy" the judge can refuse to sign it. Examples of this would be a provision that agrees that child support will never be paid, or that child custody could not be modified under any circumstances. Such provisions would deprive the court of jurisdiction in the future. The judge cannot give that up, even if he / she wants to. Circumstances could change. The judge has to be able to modify the decree to allow for those changes when it comes to the care and safety of children.

If one member of the couple threatens the other, and it comes to the judge’s attention, he / she can refuse to sign the decree. A judge can always force the parties to appear in court if he / she thinks it is necessary. In such a situation, the court might be inclined to satisfy him / herself that the agreement was made freely and voluntarily. This rarely happens. Unless an extreme situation is brought to the judge’s attention, he /she will assume that an agreement between two adults is valid, even if it favors one of them over the other.

If the couple have not reached settlement, the judge has to hear evidence regarding their case. Witnesses and exhibits are presented in court. Each side is given an opportunity to explain what they think was proven, and the judge decides who was right. He / she issues his / her conclusions in a written document called "the decree".

Once the decree is entered, the parties are obliged to do what the judge has ordered. The custody of the children or payment of child support are decided until there is good reason to change them. Division of debts and property are finalized, and can never be changed. If the couple is unhappy with the judge’s final order, their only recourse is an appeal. If you take that route, save up your pennies.

Lucille Uttermohlen has been a family law attorney for 27 years. If you hav questions about divorce, or any other legal issue, visit Lucille at http://www.couple-or-not.com for answers.

Article Source: ArticleSpan

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