Professional Ogden Spousal Support and Alimony Attorneys
Divorce often precipitates numerous significant persona, legal and financial changes for the individuals involved. One such alteration can be a major discrepancy in income or other discernible loss of economic comfort. A tenet of Utah family law that attempts to prevent this potential pitfall from occurring is a concept known as alimony. The experienced family lawyers employed at Kaufman, Nichols & Kaufman invites our current and prospective clients residing in the Ogden and surrounding regions to read the following brief blog discussing this important subject.
Alimony, which is also referred to as spousal support, may be a court ordered or mutually agreed upon payment one former or separated spouse remits to the other as a means of financial sustenance. Sometimes, one spouse might possess a far greater income than the other. Should they split, the subject earning less could experience economic hardship as a result. These monetary reward attempts to level the playing field and prevent this problematic circumstance from occurring.
Determining Spousal Support
In amicable partings, one spouse might readily agree to remit support payments to their former spouse over an agreed upon time schedule. In other circumstances, marriage contracts like previously written marital contracts like pre or postnuptial agreements or separation arrangements might dictate how the process will work.
However, in unamicable splits, the court will adjudicate if the benefit should be awarded. Should one spouse feel support payments are warranted, said individual appeals to the court and said adjudicating body considers the request. Before rendering an ultimate decision, the court will consider numerous factors, such as:
- The marriage’s duration
- The requester’s current financial standing
- The intended recipient’s employment status or potential earning capabilities
- The prospective remitter’s ability to pay
- The age and health of both parties
- If one spouse or the other holds physical custody of the couple’s minor children
- If the intended remitter or recipient engaged in irresponsible or malfeasance actions during the marriage
The preceding list is only common considerations. Every situation is different and the court might consider additional individual issues.
After weighing all pertinent considerations, the court will ultimately decide to either grant or deny the applicant’s request. Should the court in question determine support is essential, said adjudicating body will determine the appropriate amount and payment cycle. Once this information is decided, it will be added to the official divorce decree, which is a formal and legally binding document dictating all pertinent mandates the parting spouses will be expected to abide by.
Duration Of Responsibility
The duration of support payment mandates can vary. In certain instances, said arrangements remain in effect until the recipient obtains the skills, education or training necessary to land more lucrative employment. On other occasions, orders could linger until minor children reach a specific age. That said, others mandates could be beholden to other provisions.
Certain circumstances might precipitate either the payer or the recipient to appeal for modifications to the agreement. Either party can appeal to the court for a modification order. Adjudicating bodies will typically not grant said requests unless the applicant provides significant evidence demonstrating such changes are requisite. Acceptable reasons might include illness, disability, job loss, professional promotion or remarriage.
Should the receiver remarry or pass away, existing orders will be subject to termination. Additionally, support orders could be stopped provided the remitter sufficiently demonstrates to an adjudicating body that the recipient has taken up cohabitation with another individual.
When ordered by a court, support payments are mandatory. Ergo, those who ignore such requirements could be subject to fines or potentially incarceration.
How Our Ogden Spousal Support Attorneys Can Help
Individuals experiencing a separation and for whom support payments may be a concern are urged to contact our offices. We may be able to help shepherd you through this potentially challenging and arduous process. If you are contemplating divorce and seeking spousal support, or if you have an existing maintenance order that is not being enforced, contact Kaufman, Nichols & Kaufman. We act as a strong legal advocate on your behalf, defending your rights and assisting you in getting the maintenance amount you need to recover, both during and after your divorce. We serve Ogden, Weber County and the surrounding areas; call or contact our office online for a confidential case review.