Family Law

What You Need to Understand About the Legal Process of Divorce

The law protects the rights of both spouses by requiring them to pay the other one’s alimony and child support. A divorced spouse according to a family lawyer in Florida who does not pay child support may be subject to a jail sentence. Although New York courts are able to approve modifications to child support orders, the best way to modify a child-support order is through voluntary negotiation. This is particularly useful for people who cannot afford to pay full child support.

If a spouse is paying alimony, the court will consider income sources that are likely to continue to pay the other spouse. In addition to tax returns, the court will also look at the payer’s job history and any other income he or she may have. If a spouse is not paying alimony, he or she will be required to seek out another job and find the funds to pay child support. A judge will also consider whether a person has the ability to care for a child.

In New Jersey, alimony is based on the length of the marriage or civil union. If a marriage lasted over 10 years, alimony will last for longer. However, some states do not recognize the duration of a marriage; therefore, a two-year-long marriage followed by an eight-year separation will be treated as a 10-year-old marriage. Similarly, the younger spouse is generally considered more capable of moving on without financial support than a parent with more than a decade of experience.

After a divorce, a judge will typically determine alimony and child support and the duration of the obligation. In most instances, the courts will not automatically suspend a party’s obligations just because of a dramatic change in their circumstances. For example, if the ex-spouse lost his or her job, he or she would be required to pay alimony and child support. A divorce lawyer with extensive experience in this area can assist a client with the process of modifying the order.

The terms of child support and alimony are often part of a divorce agreement. The income courts will examine different types of income to determine whether a person needs assistance in a particular area. Often, a person who is struggling financially will need to be supported by his or her ex-spouse to maintain a stable standard of living. As with any divorce, the court must weigh the circumstances and the best way to enforce the agreement.

The amount of support and alimony ordered by the court will be determined by the amount and the number of children. The non-custodial parent will pay child support to the non-custodial parent. The payment is based on the parties’ annual income and the number of children. Both parents are responsible for paying child supports. The obligation is ongoing and will continue until the child reaches the age of 21.