Transitioning from married life to single life may be one of the most challenging seasons in your life. Moreover, doubt about your financial future can easily worsen this particular emotionally tough point in time. Different from child support, there is no set formula for figuring out the total amount, time and terms of Henderson spousal support (also referred to as alimony and maintenance in other states). The subjectivity that applies to spousal support law tends to make alimony one of the most contested issues in a divorce case. Because of this, it is necessary that you are represented by a seasoned and knowledgeable Henderson spousal support lawyer.
We’ve got years of experience practicing family law in Henderson and has won great outcomes for our clients. We aren’t interested in wasting your time or money. Our primary concern is to bring your divorce case to a favorable conclusion as fast as possible while ensuring that you obtain everything you are entitled to by using every sensible legal strategy given to us under Henderson family law.
Very few spousal support lawyers possess the depth of expertise we have, which means our clients have a very distinct advantager. Our excellent track record should provides you with the confidence and assistance you will need in order to make the crucial decisions that may pinpoint the terms of the future of your family and finances.
When it comes to complex spousal support cases Henderson, you need the best legal representation to be able to protect what is rightfully yours. The Hall Firm will tirelessly represent you in your case. Call our firm right now for a confidential consultation.
Spousal support is court-ordered payments that one spouse may be required to pay to another upon divorce in order to support the spouse with poor earning power while they obtain a job, further their education or are bringing in earnings not enough to maintain a semblance of their previous lifestyle. Many factors, differing by state, can contribute to a court changing or stopping the spousal support such as a change in either party’s financial circumstances or remarriage of the spouse getting it.
Spousal support is normally given at an Order to Show Cause on a temporary basis, in which one spouse is without a job or earning income significantly lower than the other spouse.
Several courts have adopted a spousal support guideline to use in setting up a temporary spousal support. A number of guidelines require that the husband’s spousal support is 40% of his net monthly income, reduced by one-half of the wife’s net monthly income. Where child support is being paid, the guideline amount of child support is first calculated. Then, spousal support is determined.
At the Order to Show Cause hearing, the judge is not involved about the employability of the wife. Rather, at this time, the judge simply would like to preserve the status quo and also provide the wife with enough income for her basic needs, consistent with the parties’ lifestyle.
In the trial of the dissolution, the state Family Code gives the judge with a big list of factors that are to be considered in figuring out the amount and duration of spousal support.
This list includes such factors as the length of the marriage, the spouses’ previous living standard, the degree to which the supported spouse contributed to the:
In general, where the marriage has made it through more than a decade, the court will, at least reserve jurisdiction.
Because of this, even though there is no existing order for spousal support, the wife will be permitted to come back to court at a later time to request spousal support if the need arise.
The Internal Revenue Code provides that each one spousal support payments are tax deductible by the paying spouse and taxable to the receiver spouse as normal income.
This is why; it is not unusual for a negotiated settlement to involve the payment of a high amount of spousal support, because this type of payment results in a tax advantage to the husband.
Under Federal Law you could be qualified for maintain your medical insurance benefits through your former spouse’s group plan.
The Consolidated Omnibus Budget Reconciliation Act of 1985 made what are popularly known as “C. O. B. R. A.” benefits, which are available to the previous spouses of folks that work for employers who may have twenty or maybe more employees.
In general this law provides that employers must offer you continuation coverage for the first 3 years following the end of the marriage.
The law further provides that the employer can charge the former spouse for this coverage; however the charge cannot be greater than 2% larger than what is charged to employees.
When the three years have ended, the law states that the employer must offer a former spouse the legal right to obtain conversion coverage, but there are no limitations on how much the employer can charge for this coverage. The C. O. B. R. A. law even further provides that the past spouse doesn’t have to satisfy a physical examination to be able to receive the continuation or conversion benefits.
This is important if you have any pre-existing conditions that might not be included in another medical insurance carrier.
In order to get your C. O. B. R. A. benefits you must file your application with your spouse’s employer within sixty (60) days right after the end of your marriage.
If you don’t file the application by that date you won’t be able to get these important benefits.
If you wish to have your C. O. B. R. A. benefits you must contact your previous spouse’s employer immediately and ask for the proper forms. This is not a service that is customarily performed by our office.
Not all divorce matters call for alimony in Henderson, but by talking to a professional family law lawyer you will be able to fully understand how spousal support payments could factor into your divorce. Our spousal support attorneys Henderson at our law office concentrate their attention on effectively counseling family law clients and are fluent in the language of the spousal support laws in the state.
Also often known as Henderson alimony or spousal maintenance, spousal support is determined by a wide range of factors. Some of these factors include (but aren’t limited to) the aspects of a divorce listed below:
Our firm can assist you determine how much spousal support will be paid and for how long, from a planning perspective. We fight really hard to make sure that if spousal support can be applied, it is ordered in a fair number for a manageable amount of time. A lawyer at our office can also explain the many forms of spousal support, such as rehabilitative, modifiable, and non-modifiable.
Spousal support calculations aren’t set in stone and can be deviated as seen fit by the judge in the case. For this reason, it is usually to your advantage not to ever leave these decisions up to the court and instead make an effort to reach a settlement by means of mediation or collaborative law. However, when necessary, we use our extensive litigation skills and boldly advocate for our clients in the courtroom.
Contact The Hall Law Firm to setup a consult today!