Calculating Alimony Payments in Branford
There is no hard and fast rule concerning award of alimony and how payment is going to be considered. It is not guaranteed in every case. That being said, one of the primary factors is the length of the marriage. The longer a person’s marriage, the higher likelihood that there will be an award of alimony. For marriages in the 20 to 25-year range, or even above 10 years, it is guaranteed that there will be some alimony unless the financial situation of the parties is generally equal.
There are no hard and fast rules that say alimony is awarded and specific calculations indicate what the alimony amount will be. That is the exact reason why a person should seek assistance from an attorney so that they can formulate an opinion and offer it in that particular case. A skilled spousal support attorney will be able to help anyone with the various considerations with awarding spousal support payments.
The amount of alimony awarded is determined either by agreement or by a judge. There is no hard and fast calculation or a how to consider the statutory factors in the totality of the circumstances. The starting point is the financial situation of all the parties. There are the financial affidavits. That is the first thing that attorneys want to get done in any case awarding alimony payments in Branford.
Alimony paid in cash is not recommended because there is no record of it. A person can pay it through bank checks, personal checks, money orders, and via an automatic wage withholding from somebody’s paycheck. If the other party is willing to accept the credit card, they can pay their credit card, too. A person could structure a payment of money as a property settlement as opposed to alimony. That would be afforded, because if doing a property distribution or a marital property distribution, it is not taxable. Typically, the receiver of the alimony is taxed income and the sender of the alimony takes that deduction. Some payments can be considered a property distribution if it is specifically written into an agreement as a distribution of marital assets to avoid any additional tax liability.
Problems that arise speak to the determination of the factors. Attorneys cannot prove somebody’s employability or incapacity. Without proving these things, making a determination of how much to award spousal support payments in Branford becomes difficult. The main problem attorneys have in this process is proving and getting evidence concerning the factors around alimony. The same factors that go into the amount also go into the life of alimony when determining when it is going to end. It is the totality of the circumstances. Sometimes, it is agreed upon by parties and sometimes it is not.
Often written into an agreement are modification or termination clauses. If it is written into an agreement, and there needs to be specific language to this effect, the amount in terms of awarding spousal support payments may be modified or a party can waive their right to modify the amount or term of alimony. Also, if it is written into an agreement, alimony can be suspended or terminated if certain conditions might be common.
This is called a cohabitation clause, when the receiver of alimony gets remarried or cohabitates to some degree with another individual. Those are reasons why alimony may be terminated or suspended altogether, as well as if there is a substantial change in circumstances regarding somebody’s job, like they lose their job, they get a pay cut, or they switch jobs. Those may qualify somebody for a modification or termination of the alimony.
Connecticut is technically a no-fault state, but theoretically, adultery can be raised as something that they factor in in terms of the cost or the breakdown of the marriages. Adultery, while not definitive, is not the determining factor in an award of alimony, but can play a part. No-fault state means that, in Connecticut, a judge does not make an official determination of who is at fault.
Recognition of Fault in the Dissolution of Marriage
This only would arise in the situation of a trial where a judge is making a determination. The recognition of fault can work both ways in that somebody who is honest and forthcoming can gain a lot credibility of the judge. However, by the same token, it is a fine line to walk, because by admitting that, the person is also admitting to the cause of a breakdown of marriage which could have a positive or negative effect on the award of alimony.
Evidence considered in awarding alimony payments in Branford includes the financial records, going back in number of years, employment history, medical records or health status, whether or not they are living with somebody else, whether or not they are remarried, any email correspondence, text messages, and a prenuptial or a postnuptial agreement, if there is one, since there can be provisions in both of those regarding alimony, all which an attorney would look for.