Fighting a court battle
in a divorce can be most stressful especially when it comes to finances and
when kids are involved. Negotiating alimony with your spouse is the ideal way
to avoid a long drawn out court battle. Instead of going to court to argue about
alimony, it is far better to arrive at an agreement with your spouse, and much
less expensive as well.
However, before you begin negotiating
alimony with your spouse it is important to be aware of factors that judges
usually consider, since a judge could be a vital assistant during these negotiations.
In addition, it is prudent to have a
divorce lawyer help determine the appropriate support based on your lifestyle
and current financial situation. In case you go ahead with a contested divorce,
your lawyer can determine a sum to ask for, considering what a judge is likely
to grant.
Entitled too?
You may believe you are entitled to a
certain amount but unless you have the right legal help and your lawyers
explains your situation to the judge in an appropriate manner, you may not end
up with that much at all. This is where https://usattorneys.com/
comes in the picture and this is where you can find that legal representative that
could literally and financially save your life.
What you are entitled too and what you receive may not be the same number.
Assessing
Your Spouse’s Assets and Resources
Whether you are the one who is to pay or
to receive support, you ought to be armed with all the possible information
about your finances in order to negotiate efficiently. This will help determine
a reasonable sum you could agree with to meet your needs or ability to pay.
Divorce attorneys can help explain this to you and walk you down this road.
If you are the one who handles the
financial affairs of your family or you trust what your spouse says about
his/her financial matters completely there ought not to be any problem. If not,
ensure that the following factors are added to the paperwork that both spouses
are required to complete.
Separate assets for a spouse: You have a
right to know the value of the separate assets your spouse may possess. In some
cases, the judge may consider these assets in order to determine the appropriate
amount of alimony.
Income & expense information: You
need a detailed report on the income and expense for every month, so that you
know where his/her money is going.
Other sources of income such as overtime
and bonuses: Income such as overtime and bonuses are not entirely predictable.
If your spouse is in receipt of such payments make an average of the amount,
during the past few years, and add that as well. Divorce lawyers suggest that
you check for any item that has measurable value such as stock options, sick
pay, unused vacation pay, health insurance benefits and company-paid vehicles,
and include them in your alimony negotiations.
Assess
Your Needs
You will be required to disclose your
monthly income and expenses anyway, so use it to assess just how much support
you require. As there is no standard formula to determine this, the only thing
you can do is to decide on what you need and ask for it. This will get the
negotiation process rolling.
In addition, in case you are the one who
is going to receive that much needed support, you can add a provision to
enhance the amount every year by citing COLA or cost of living adjustment. You
can then tie the increase to COLA or presume a yearly increase of a definite
percentage. Since this could be a daunting task to achieve on your own, make
sure to consult a marvelous and detail oriented divorce lawyer right away.
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