Regardless of the economic climate in the United States, marriages still fail and divorces occur. When a couple chooses to end their marriage, complex legal and emotional issues are involved. These situations are never easy and can become more difficult when involving complicated matters such as child support, spousal maintenance and high-end property division. If you are facing a complex divorce, speak with a family law attorney knowledgeable in these matters to learn more about your legal options and answer any questions you may have.
Child and Spousal Support
When determining child-support payments, state courts follow rigid payment guidelines. Courts in New York and Connecticut calculate a parent's ability to pay based on individual incomes, assets and financial obligations. These state courts look at the "basic child support obligations" of the child's parents and determine the percentage of child support that must be paid, based on specific criteria. The court's formula can be complicated and the court has the discretion to deviate from the guidelines under certain circumstances. The required percentage a parent must pay in child support may differ depending on the factors considered by the court and the situations of the parties involved.
Unlike child support, no court guidelines determine spousal support (alimony). When one spouse requests support payments from the other spouse, the court must examine various factors, such as the party's need for financial support, the duration of the marriage and the amount of assets each party will receive. The court may also consider other factors, such as if one spouse assisted the other to further his or her professional career or gave financial assistance to help the other spouse gain an advanced educational degree. Additionally, courts in Connecticut and New York may award temporary child support or temporary spousal support, based upon the circumstances of the parties. A common reason for support to be temporary may be to give one spouse the opportunity to become self-supporting, called rehabilitative support. This is often entails support while completing an education or training to re-enter the workforce.
Property Division
Division of marital property is a common issue in a divorce proceeding. However, when higher value assets are in dispute, property division may become much more complex. These types of cases involve wealth preservation, transferring property and dividing property. Numerous assets may be at issue in a complex case, such as bank accounts, investments, inheritance money and property, real estate, retirement accounts, pensions, offshore accounts, comingled assets and others. Division may become particularly complicated in situations where joint business ownership and hidden assets are involved. The type and amount of assets may lead to additional complications, such as business and property assessment, and possible tax consequences. When numerous assets are concerned, it is crucial to consult with an attorney knowledgeable in the intricacies and complexities involved in high-value property division cases.
Support Modification
Modification proceedings are taking place more often in these difficult economic times. People are experiencing changes in their financial situations and may not be able to make the payments that were ordered in the original divorce. Modifications of the original divorce decree sometimes become necessary regarding child support and spousal support.
However, property division cannot be included in a modification order. This type of division cannot be modified at a later date, even if the value of the assets decline. Property division takes place during the divorce proceedings; it is a one-time determination that the court does not normally revisit in the future.
To make changes in support payments, a court order must be issued. An ex-spouse cannot change the payment amount or discontinue payments of his or her own accord. Without a court order for modification, the paying party will accrue back pay and still be liable for making those payments in the future. If payments are discontinued, back pay will grow and the other ex-spouse may be able to take legal action against the nonpaying ex-spouse for missed payments.
When a modification request has been filed, the court may modify spousal and/or child support if the paying party can prove a substantial change in circumstances that makes the support payment amounts unreasonable. The court may consider several factors, such as loss of job, new employment, changes in income, relocation, illness, remarriage or others, depending on the specific circumstances.
Consult a Family Law Attorney in Your Area
When dealing with the difficult issues surrounding divorce, it is beneficial to consult with an attorney who can explain the law in your state, guide you through the legal process and help you determine the best legal action for you under the circumstances.
Information provided by:
Heidi E. Opinsky, Esq.
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