Branford Process of Alimony
Alimony, or spousal support, is continual payment to a spouse after a divorce or separation. It is useful for individuals who are looking to maintain the financial level they were at during the marriage. If you want to understand the process of alimony payment in Branford, a skilled family attorney will best be able to help you moving forward. Alimony can be complex in consideration, so an experienced alimony attorney can help to streamline the process.
When going through the alimony process in Branford, it starts with the determination of whether or not a party wants to seek alimony in the first place and if there is even a case. An attorney has their eyes on one side seeking alimony from somebody else, like the spouse, or defending against the claim for alimony.
Attorneys get the basic financial information using experience in the realm of family law and then to determine if it is a case or is a borderline alimony case. After that, depending on what side that person is on, the attorney will reach out to the lawyer of the other party and let them know where they stand. If seeking alimony, the attorney will find a motion, because, in order for there to be a guaranteed payment of alimony, a motion has to be filed to get an order from the court. To get a court order, they have to file a motion. However, just because they file a motion does not mean that there will not be an agreement on that.
Often, a person files their motion for temporary alimony in Connecticut, called Pendente lite Alimony. A person typically files that motion and then if they reach an agreement, goes to court and puts that agreement on. Now there is a solid court order awarding alimony to one party. If an individual does not reach an agreement, then what typically happens is they go to court. That individual will have mediation with a family relations officer. If that mediation does not result in an agreement, sometimes that individual meets with the judge and gets a judge’s take on it. Both the mediator and the judge will see the financial affidavit to make this determination. Then, if they still do not have an agreement, they will have a hearing on it. A hearing essentially is a trial and involves testimony, evidence, and so forth.
There is no need to tell anybody that they are in a legal process for determining alimony payments unless there is a court order or a way to recall it. There is no requirement of that unless they have to contact their employer and file the appropriate forms to ensure a wage withholding.
Length of Process
There are two parts determining how long the Branford alimony process will take. There is the temporary award and there is the final award. The temporary award means as soon as the case is served, the case can go to court as quickly as a week or two to have a hearing on the alimony, so it can move quickly. Time is of the essence in the situation where one spouse has moved out and cut off the other spouse.
A common misconception that people having during the process of alimony payments and determination is that alimony is guaranteed in every case. Another common misconception is that a person will not have to find a job if they have not worked, courts routinely order people to go out find jobs.
A person does not want to start switching jobs, quitting a job on purpose, taking a pay cut, or doing things to hide income or assets or try to influence the spouse’s employer or prospective employers. A person wants to maintain status quo as much as they can.
Working with an Attorney
The first thing a lawyer can help with in the process of alimony payment in Branford is obtaining financial information because this can be a daunting task. Then, a family law attorney can review it using experience, knowledge of the law, knowledge of other cases, and common practices to determine what a proper award will be. Attorneys can guide a client and determine if they are asking for too much, too little, getting short-changed, or are getting too much, and then strategize the case moving forward.