In determining whether or not spousal support should be awarded, the court will look into the disparity in income, whose was most at fault for the breakdown of the marriage, and whether there were special circumstances with regard to the relative health of either the parties or the children and any special educational needs of the children. Primarily, though, they will factor in the disparity of income and how much the custodial spouse will need to keep the household going.
One spouse cannot force someone who had either never worked or had not worked for a very long period of time to go to work, although the court could still base their orders on the person’s earning capacity if they usually worked but were presently unemployed. They will look at what the person’s prior earning capacity was when they first became unemployed and they will have to present proof that they were trying to get a job so the court could continue to reduce their order accordingly.
There is no limit on how much can be paid for spousal support. Essentially, the rule of thumb regarding the length of time for receipt of child support is half the length of the marriage it is possible for a judge to award lifetime alimony in a situation where the couple had been married for a very long time and one spouse was a homemaker, although these situations are very rare these days.
Usually, a spouse is eligible to receive alimony up until the paying spouse retired. However, they will terminate upon the death of either party, or if the spouse receiving the alimony remarried or began cohabitating with someone who was contributing to their expenses. If the paying spouse suspects their ex-spouse is living with someone who is supporting them financially, they can go to court, and have their bank statements subpoenaed, and they can be put under oath and questioned regarding whether they were giving the ex-spouse any money to pay their monthly expenses.
What About Support During the Divorce Proceeding?
There is a 90-day waiting period in Connecticut before a divorce can be finalized, but during that 90 days, the parties can be placed under temporary motions for custody, visitation, child support, alimony or exclusive possession of the family home so they would be able to go into court very quickly to get support. Lack of funds should not be considered something that can hold someone back from proceeding.
How Does the IRS Treat Spousal Support?
Child support is not deductible by the person paying it or taxable to the person receiving it, but alimony is deductible by the person paying it and is considered part of the income of the person receiving it. A person can also have an order of unallocated alimony and child support, which is deductible by the person paying it and includable in the income of the person receiving it.
Before Filing, Plan Ahead Regarding Where To Live, What The Budget Would Be Etc.
It’s very hard to plan anything until the person who wished to file knows their rights, knows how much child support and spousal support they were going to get and who the custodial parent will likely be. That’s why the first thing anyone should do it speak to a lawyer who can help them understand the whole process and what their rights would be.
For more information on Spousal Support, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (203) 929-7771 today.
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