Archive for State Legislation
Family Law Lawyer Colorado Springs on Alimony
Alimony (also called maintenance or spousal support) is an obligation to provide financial support to one’s spouse after separation or divorce. It is established by divorce law or family law in many countries and is based on the premise that both spouses have an absolute obligation to support each other during their marriage (or civil union known as common-law marriages). Alimony is the continuation of this obligation to support after separation or divorce has occurred says Family Law Lawyer Colorado Springs. Alimony Law is defined as a court order which determines the financial obligations one spouse has towards the other following a divorce. Spousal support laws are administered and enforced by state legislation and vary from one state to another.
There are many different types of alimony as listed out in alimony law; Temporary, Rehabilitation, Permanent, Reimbursement, and Lump-sum Alimony. Alimony is also known as spousal support. Alimony law refers to the payments one spouse gives to the other. Some states refer to this as alimony whereas other states consider it maintenance. Though each may have different names, they are considered the same. As child support guidelines may vary from state to state, so do the guidelines for spousal support. Family Law Lawyer Colorado Springs will inform you of the spousal support guidelines in your state. Spousal support guidelines will then decide the amount and type of alimony to be received. All states are regulated to allow alimony, yet some courts are reluctant to do so.
Alimony can be modified or eliminated as the former spouses’ needs change, if those needs are the result of decisions they made as a married unit. Awards and increases in alimony are meant to address only needs that are caused by the divorce itself, not unrelated needs. If the wife’s elderly mother becomes ill and dependent on her after the divorce, for example, the wife’s need increases, but the increase is unrelated to the divorce and will not increase her eligibility for alimony. However, a significant change in circumstances—such as a rise in the recipient’s income or a drop in the payer’s income—can cause the court to reduce or end alimony says Family Law Lawyer Colorado Springs. Occasionally, courts increase alimony to keep up with inflation. Many courts have indicated that situations such as maltreatment are not valid triggers for alimony. Courts have clarified that allegations of physical or other harm done by one spouse must be brought in a civil lawsuit, to be heard and decided by a jury.
In successful cases, compensatory and Punitive Damages would be awarded, not alimony explains Family Law Lawyer Colorado Springs. Even in less egregious cases, alimony is not awarded as a punishment, especially in states that have adopted no-fault divorce laws—that is, laws providing that neither spouse has to prove wrongdoing on the part of the other. Gaps in earning power that tend in general to favor men over women create another situation that many courts believe they cannot resolve using alimony. Such gaps are often the reason married couples decide that if it is appropriate for only one spouse to be the wage earner, it should be the husband. But courts do not base individual alimony awards on this trend alone, in part because an individual spouse cannot be held responsible for social injustices.