Monday, July 12, 2021
pratiyogita darpan hindi
pratiyogita
darpan hindi Published this article
page no How do you determine what amount
of alimony is paid in divorce? There
really is no set formula. In divorce, a common question is, "what is the
alimony formula". Well, there
really is no set alimony formula for divorce.
This is in complete contrast to child support, which is decided based
upon a specific formula in each state.
Alimony is based on factors and those factors are decided through
divorce negotiation or by a divorce judge. But, there is no alimony formula
available to your divorce attorney or you to determine in advance what alimony
will be paid in your case. What does a divorce court look at to determine
alimony? Those issues do vary by
state. But, there are also many alimony
factors that are common from state to state.
So, although there is no specific alimony formula for you to rely on,
there are alimony factors that you can look at to help you determine what the
alimony might be in your case. In divorce, some of the alimony factors that a
judge might look at include the following.
First is the length of your marriage.
If the parties have been married for one year, the court's attitude
towards a request for alimony will be very different than if the parties have
been married for twenty years. Because
the length of marriage varies so much in all divorces, it is not possible to
plug this factor into an alimony forumla to determine the alimony amount.
Another factor affecting the award of alimony is employment status. Obviously, if the spouse seeking alimony has
been unemployed or underemployed for a number of years to care for young
children, the home, or the spouse, that is a factor that will militate in that
spouse's favor if he or she is seeking alimony.
On the other hand, if that spouse has the ability to obtain employment
that will more than adequately meet his or her needs, the court might think a
little differently about awarding alimony to that party. Other factors that are considered closely
with this factor include level of education, job experience, the age of
children in the household, and work history. A major factor that can affect an
award of alimony is the amount of property to be retained or divided by the parties. If the spouse seeking alimony has been a stay
at home parent, but will have signifcant assets after divorce or has separate
assets, like a trust fund, the court's attitude towards the award of alimony
will be affected. The court will
certainly view a request for alimony under these circumstances much different
than a request made by an individual who is receiving no assets in the divorce
or who does not have any separate property. The health of the party seeking
alimony is a major factor that can impact a court's decision in awarding
alimony. If the spouse seeking alimony
has a debilitating physical condition that impacts whether or how much they can
work, the court will not want to impoverish that party after divorce and the
court will be more likely to use alimony to address at least basic living
needs. One other factor that should be considered by the divorce court and by
the parties, is the taxability of the alimony payments. In most instances, if there is no specific
provision to the contrary, spousal support payments are taxable to the
recipient and tax deductible to the payor.
The tax benefit obtained by spreading out economic wealth in this
fashion can be significant and should be discussed in depth with your divorce
attorney. One issue that is not always considered by the court, but should be
discussed with your divorce attorney, is that alimony payments are, in general,
not dischargeable in bankruptcy. If
there is any possibility that the party who is to pay alimony will be filing
for bankruptcy, the divorce attorneys will negotiate very hard on both sides to
maximize the final benefit to their client in divorce. It should thus be
apparent that in divorce, there can be no easy alimony forumla, no matter what
state you live in. It is impossible to
plug these and other factors into a mathematical equation to arrive at a
"correct" alimony formula. It
is necessary that the divorce court, or the divorce attorneys review how these
varied and different factors affect both parties in the divorce and then arrive
at a solution that encompasses all of the divorce issues, including property
settlement and alimony. They cannot
simply set up an alimony formula that would work for all parties. pratiyogita
darpan hindi
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