Southern Highlands Spousal Support Lawyer Southern Highlands Alimony Lawyer
Moving from married life to single life may be one of the most challenging periods of your life. Moreover, anxiety about your financial future can easily intensify this emotionally tough point in time. Different from child support, there is no set formula for determining the total amount, time and terms of Southern Highlands spousal support (also called alimony and maintenance in other states). The subjectivity that refers to spousal support law makes alimony one of the most contested issues during a divorce process. Because of this, it’s important that you are represented by a seasoned and competent Southern Highlands spousal support attorney.
We now have many years of practical experience practicing family law in Southern Highlands and have won outstanding 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 great ending as fast as possible while ensuring that you get what you deserve by using each and every sensible legal strategy given to us underneath Southern Highlands family law.
Very few spousal support attorneys Southern Highlands possess the depth of practical knowledge we have, which means our clients have a distinct edge in any Southern Highlands family law issue. Our successful track record should give you the certainty and assistance you need to make the crucial decisions that may pinpoint the terms of the desolate man your family and finances.
For complicated spousal support cases Southern Highlands, you need the best legal representation so that you can guard what is rightfully yours. Our Firm will zealously represent you in your family law case. Phone our firm right away for a cost-confidential consultation.
Southern Highlands Spousal support are court-ordered payments that one spouse might be expected to pay to another after divorce to help support the spouse with lesser earning power while they get a job, further their education or are bringing in an income insufficient to keep a semblance of their former lifestyle. A number of factors, varying by state, may well contribute to a court changing or stopping the spousal support such as a change in either party’s financial conditions or perhaps remarriage of the spouse getting it.
Spousal Support Attorney Southern Highlands Recommendations:
Spousal Support Southern Highlands Issues:
May I receive temporary spousal support even while our case is pending?
Spousal support is usually granted at an Order to Show Cause on a temporary basis, where one spouse is jobless or earning income considerably lower than the opposite spouse.
Some courts have put into practice a spousal support guideline for use in setting a temporary spousal support. A number of guidelines require that the husband’s spousal support is 40% of his net monthly income, lowered by one-half of the wife’s net monthly income. When child support is being paid, the guideline level of child support is first calculated. Next, spousal support is determined.
If I am not working right now, at the initial Order to Show Cause hearing, am I going to be asked to find a job right away?
At the Order to Show Cause hearing, the judge is not concerned about the employability of the wife. Rather, at this stage, the judge merely wants to preserve the status quo and also provide the wife with sufficient income for her basic needs, consistent with the parties’ lifestyle.
How does a judge decide spousal support in the course of the trial?
At the trial of the dissolution, the state Family Code gives the judge with a long list of factors that are to be considered in determining the amount and duration of spousal support.
This list includes such factors as the duration of the marriage, the parties’ previous living standard, the degree to which the supported spouse contributed to the:
For how long will my spousal support last?
Generally, where the marriage has lasted greater than 10 years, a legal court will, at the very least reserve jurisdiction.
Because of this, even though there is no existing order for spousal support, the wife is going to be granted to come back to court at a later time to ask for spousal support if the need arise.
Is the spousal support I am paying out tax deductible?
The Internal Revenue Code states that every spousal support payments are tax deductible by the paying spouse and taxable to the receiver spouse as ordinary income.
Because of this, it isn’t uncommon for a negotiated settlement to consist of the payment of a high amount of spousal support, simply because such a payment leads to a tax advantage to the husband.
Can I get medical insurance benefits through my spouse’s company after the dissolution of marriage?
Under Federal Law you might be eligible to keep your medical insurance benefits under your former spouse’s group plan.
The Consolidated Omnibus Budget Reconciliation Act of 1985 developed what are popularly known as “C. O. B. R. A.” benefits, which are available to the former spouses of people who are working for employers who may have twenty or more employees.
Generally this law provides that employers must offer you continuation coverage for the first 3 years following the termination of the marriage.
The law further provides that the employer may charge the former spouse for this coverage, but the charge cannot be greater than 2% greater than what is charged to employees.
When the three years have finished, the law states that the employer have to offer a former spouse the right to obtain conversion coverage, however there are no limits about how much the employer can charge just for this coverage. The C. O. B. R. A. law further provides that the past spouse does not have to satisfy a physical examination in order to obtain the continuation or conversion benefits.
This is substantial when you have any pre-existing conditions that might not be included in another medical insurance carrier.
To be able to receive your C. O. B. R. A. benefits you must file your application with your spouse’s employer within sixty (60) days following the end of your marriage.
If you don’t file your application by that day you won’t be able to get these necessary benefits.
If you want to have your C. O. B. R. A. benefits you must speak to your previous spouse’s employer directly and request the appropriate forms. This is not something that is ordinarily accomplished by our office.
Southern Highlands Spousal Support Lawyer
Not all divorce matters call for alimony in Southern Highlands, but by speaking to a professional family law attorney you may be able to fully understand how spousal support payments may factor into your divorce. Our spousal support attorneys Southern Highlands at our law office focus their attention on successfully advising family law clients and are fluent in the language of the spousal support laws in the state.
Also occasionally called Southern Highlands alimony or spousal maintenance, spousal support is based upon a wide range of factors. These factors include (but are not limited to) the aspects of a divorce listed below:
Our firm can assist you see how much spousal support will be paid and for how long, from a planning point of view. We fight hard to ensure that if spousal support does apply, it is ordered in a reasonable number for a feasible period of time. An attorney at our office can also clarify the many types of spousal support, such as rehabilitative, modifiable, and non-modifiable.
Spousal support calculations aren’t set in stone and can be altered as seen fit by the judge in the case. Because of this, it could be in your best interest not to leave these decisions up to the court and instead attempt to arrive at a settlement by means of mediation or collaborative law. However, when needed, we utilize our extensive litigation skills and boldly advocate for our clients in court.