How a Judge Decides Alimony

As far as judges are concerned determining the amount of alimony in a divorce case poses no problems. This is because every state has enacted laws that dictate the significant elements to be considered while setting alimony.

While setting the alimony to be paid, courts in general look at the following factors:

·         The amount of money each spouse could earn reasonably each month.

·         Reasonable expenses that will be incurred for each spouse.

·         If the alimony award will allow the receiver to maintain a lifestyle consistent with his/her lifestyle preceding divorce. In legal jargon this is known as “the standard of living established during the marriage.”

If the parties don’t have sufficient money to reestablish an approximate marital standard of living after divorce, the courts will rule in such a way that the divorcing spouses share equally, the financial burden. However, this might raise questions as to how a judge ought to set and assess an exacting standard within the definition of “standard of living.” A divorce lawyer can throw light on this matter.

Does it even matter? You are getting divorced in a public setting. Who cares if you have a lawyer or not? Do you even need one? What can your legal representative even say to the judge that you cannot say? Lots! And a divorce lawyer can knock back with acumen what the other side says much better than you can. Press right here to get back into the game.

The Significant 40 Percent

In case you are granted an order that leaves you with less than 40 percent of your income, you should indicate the fact to the court. However, making veiled threats to the judge would be a grave mistake, as a typical judge will not take kindly to such threats. What you should really do is be a bit subtle, and inform the judge that the amount of alimony that your spouse demands would leave you with less than 50 percent of your paycheck every month.

This can convince a judge about the reality of your request. Seeking counsel from an experience divorce attorney can also be of help at this stage.

The Underemployed Spouse

As mentioned above, judges grant alimony based generally on the amount of money that the divorcing spouses “reasonably earn,” individually. This signifies that if a spouse is working at a job deliberately, which pays him/her much less than the earning capacity, a judge might base the alimony on a higher sum.

When things similar to this happen, the spouse who has changed his/her job will be expected to provide evidence as to why they were compelled to make the change. At times, a court can call in a psychologist as an expert witness to support the need for that change. The spouse who opposes a reduction in support can often succeed if he/she can show that the lifestyle of the one being supported can be seriously affected by a loss of significant alimony payments. Complicated questions are always best addressed by a fantastic divorce attorney.

Contributing Factors

For the most part, a judge’s decision in such a situation will depend upon the concise wording of the law on alimony, as well as the court’s evaluation of good faith on the part of the supporting spouse.

If you have any questions about alimony don’t hesitate to hire an experienced divorce lawyer well versed with the processes of family law in your state.

There are divorce lawyers out there walking amongst us. But this does not mean they all are who you need and some may even hurt your case. That would be pretty rare since without a lawyer your spouse is going to get one over on you that you did not see coming. To make this situation right and to increase your self-esteem going forward, you need concrete legal help and that can be obtained with this legal resource center: https://usattorneys.com/.