My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
Court cases relating to marriage matters are often shrouded in controversy because of the high stakes involved. When it comes to determining partner maintenance or alimony, the courts and family lawyers have to consider a number of different factors before they can reach a final decision.
Here is a look at what some common factors that influence the court's decision on how much maintenance a divorced or separated partner should be awarded.
How much each ex-partner earns.
In most situations, spouses don't earn equal incomes. Therefore, one of the things that the court will consider before determining the amount of maintenance that should be awarded is how much money each ex-partner makes. Typically, the ex-partner that earns less money will be the one demanding for maintenance. The court will consider the income disparity between the two partners when calculating how much maintenance needs to be awarded.
How long the marriage lasted.
The duration of a marriage can also influence the amount of alimony that should be given. The longer the period of marriage, the more spousal support an ex-partner is likely to be awarded, as it is presumed that they had dedicated more of their time and effort towards building the relationship. Ex-partners may not be awarded any maintenance if their marriage lasted for a very short period.
The type of lifestyle enjoyed while the marriage existed.
One of the primary reasons why many people seek alimony from their ex-spouses is so they can maintain the same lifestyle that they enjoyed before ending the marriage. If a couple lived a luxurious lifestyle prior to the ending of their marriage, then the ex-partner seeking alimony stands a chance of being awarded a higher amount. The guiding principle here is that an ex-partner's standard of living should not be adversely affected because their marriage ended.
How parental responsibilities are apportioned.
Where children are involved, the court will have to consider who will be taking care of them. If an ex-partner cannot work and reach their full income earning potential simply because they have to stay at home and take care of their children, the judge may award alimony based upon the income foregone.
If you think you are eligible to get alimony from your ex-spouse, you should first consult a family lawyer that deals with alimony cases. They will look into your situation and advise you on whether or not you should take court action.
Share3 August 2017
