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Archive for the ‘Alimony’ Category

*All Posts,Alimony,Child-support,Imputed-income,Income Imputation

A trial court’s decision to impute income must be based on a realistic assessment of capacity to earn

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January 24, 2012 at 12:15 pm

*All Posts,Alimony,Divorce,Limited duration alimony

Limited duration alimony may not be used if permanent alimony would otherwise be available

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January 17, 2012 at 5:35 pm

*All Posts,Alimony,Divorce

Alimony is an economic right that arises out of the marital relationship and provides the dependent spouse with a level of support that approximates the standard of living that existed during the marriage

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January 17, 2012 at 5:30 pm

*All Posts,Alimony,Counsel Fees,Divorce,Equitable-distribution,Litigation

Bad faith can be established by the intentional misrepresentation of facts or law to avoid or unfairly limit equitable distribution or alimony

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January 8, 2012 at 2:37 pm

*All Posts,Agreements,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

When PSA terms are plain and explicit and set forth in clear and unambiguous language, leaving no room for interpretation, the court will enforce them as written and agreed to by the parties, absent a substantial change in circumstances or unless they would no longer be fair or equitable

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January 8, 2012 at 12:14 pm

*All Posts,Alimony,Divorce

Some experts derive a yearly alimony figure by taking one-third of the difference between the spouses’ incomes

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January 5, 2012 at 11:14 am

*All Posts,Alimony,Child-support,Divorce,Imputed-income,Income Imputation

It may be reasonable for the trial court to average income over a five-year period

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January 5, 2012 at 11:03 am

*All Posts,Child-support-modification,Modification of Alimony,Property-settlement-agreement,Settlement agreement

Parties may enter into a property settlement agreement under which support obligations will be modified at a specific future date without a showing of changed circumstances

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December 21, 2011 at 5:43 pm

*All Posts,Alimony,Divorce,Modification of Alimony

Where the payor spouse has substantial reasons for retiring and the effect on the payee spouse is minimal (due, for example, to other available income, qualifying for social security, or new employment) the balance will be struck in favor of the payor

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December 21, 2011 at 5:40 pm

*All Posts,Alimony,Divorce,Modification of Alimony

The goal of alimony

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December 19, 2011 at 8:44 pm