Different Factors You Need to Know About Spousal Support
When a couple undergoes divorce proceedings, settling the matter of spousal support is inevitable. Whichever side of the spectrum you may be on, it will be very helpful to learn about the different factors that will go into spousal support.
Types of Spousal Support
When you discuss spousal support with the court and your divorce lawyer, you will have to establish which type may be awarded in the proceedings.
This is where you’ll figure out whether extended alimony, rehabilitative, or temporary spousal support will come into play. Judges will also determine if the recipient will get interim, periodic, or permanent support.
Interim support is paid from one spouse to another throughout the divorce proceedings. Periodic will be sent in increments, and the amount is tax-deductible for the sender. Permanent support will last for decades and will depend on the need of the spouse receiving the sum. The judge and sender will also establish whether the support will be done over time or in one lump sum.
What Qualifies Receipt of Spousal Support
During divorce proceedings, the court will determine if there is a need for spousal support. This can be done by calculating the gross income of the payor, the payee, and the couple’s common sources of income.
The court will also look at the costs of necessities, such as food and shelter. The judge will consider the impact of the divorce on the income of the spouse who will potentially be receiving spousal support.
The court can also determine the duration of spousal support. This can be done through a time-limited or indefinite span. This is all dependent on the needs of each spouse as well as their financial resources and physical condition.
The court will also need to consider whether payments of spousal support will be conducive to the future of the spouses. This is when the court will base its decision on the duration of the support, the payor’s ability to pay, and the payee’s financial needs.
Evaluating Spousal Support Awards
You will want to keep the factors that contribute to the eligibility and duration of spousal support in mind. This will help you in determining whether the award meets your needs.
To determine the amount that will be granted, the court will need to confirm the ability to pay from the sending party and the need for financial assistance from the receiving party. The presiding judge will also take into account the reason for the divorce and whether or not either spouse has committed a crime and given grounds for a separation.
It’s also important to keep in mind the different types of custody in Louisiana if you have children. This will come into play when the decision has to be made regarding eligibility and the final sum of spousal support.
Spousal Support Payments
Spousal support payments will be made in accordance with the court’s decision. The amount of spousal support will be deducted from one spouse’s budget to be paid to the other.
In the event that there is a need to amend the award, the receiving spouse can do so by filing a petition to the court. The petition will provide a rationale to alter the amount and duration of the spousal support.
If the petitioner and the recipient are still married, only the court can stop the payments. If a spouse dies and the payments have not yet been completed, the survivor will not have to make the payments to the deceased’s spouse.
Spousal support payments should not go over 30 percent of the sender’s income and will likely be collected either bi-weekly, monthly, or semi-annually.
Hire the best family law attorney to handle your spousal support in Shreveport, LA. Request a consultation today.
Going through the divorce process will require you to consider the factors that will lead to a spousal support award. Keep in mind that you will have to pay the court a filing fee when you file your petition.
Make sure you get the best divorce lawyer in Shreveport, LA, to assist you with these matters and contact the law office of Christopher M. Stahl. Request a consultation today.
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