Do You Need To Learn More About How To Avoid Paying Alimony
The best way to avoid paying alimony is to work with your ex-spouse. You may be able to negotiate a settlement that leaves spousal support off the table. However, you can probably benefit from an attorneys guidance. Call us at 310-683-4623 right now or contact us online to schedule your free consultation with a Beverly Hills divorce attorney who can help.
Moving Across State Lines Doesnt Automatically Terminate Alimony In Texas
When you received your final divorce agreement, there should have been clear terms for ending your alimony payments to your spouse. Sometimes, this is a set term in years, while other cases stipulate that you will continue paying until your spouse remarries or cohabitates with someone else.
You will find, however, that there are no stipulations for moving any particular distance away from you and your spouse is not required to stay local to receive the money. They are only required to provide a forwarding address so that you can continue sending payments as agreed.
How Is Spousal Maintenance Calculated
Judges are given broad discretion in whether to order spousal maintenance as well as the amount of the payments. It is not guaranteed. Instead, judges consider a number of different factors that are outlined in A.R.S. 25-319 when they are weighing whether to grant a request for maintenance.
Some of the factors that a judge will consider include the following:
Courts do not take marital misconduct into account when they are determining whether to award spousal support. Maintenance is also not meant to be punitive, so a judge will not order a spouse to pay maintenance simply to punish him or her. The statutes do not provide guidance for how much maintenance that judges should order when they do grant a maintenance request. After weighing the factors and taking them into account, judges can grant maintenance in an amount and duration that seems fair under the circumstances.
Finally, under A.R.S. 25-530, courts may not consider veterans disability benefits awarded for service-connected disabilities as a part of the income of spouses when they are determining whether to award spousal maintenance.
You May Like: Is Alimony Taxable In Florida
How To Avoid Paying Your Ex Alimony
If you are considering divorce, its natural to be nervous about your future financial situation. You likely have questions about the financial arrangements that will unfold between you and your soon-to-be ex-spouse. Alimony, also called spousal maintenance, is just one of the many financial issues that can arise during divorce in the Midwest. Alimony may not become an issue in every divorce, but its essential to understand what alimony entails in case you are obligated to pay it or entitled to receive it.
What Are The Qualifications For Alimony In Texas
Laws regarding the qualifications for alimony are different in each state, but Texas allows for spousal support or alimony payments in two primary situations: negotiated payments and court-ordered alimony. In order to have a negotiated payment, both spouses must agree to a set amount of alimony during the mediation or negotiation process.
These payments are usually given in exchange for a more valuable item that the other spouse needs or strongly desires, which outweighs the other spouses interest. Therefore, negotiated alimony payments can financially offset the value of that item.
Court-ordered alimony payments are achieved by a judge in the court system, but they will only be granted under certain circumstances. For example, a couple must be married for at least ten years, and the court must consider the situation to be reasonable.
Alimony, sometimes called spousal support, could be ordered due to difficulty finding gainful employment because a spouse is in school or has a disability. Most alimony requires the marriage to last a minimum of ten years, but time frames could be shorter in cases involving domestic violence or abuse.
In any case, payments will only be ordered on a temporary basis. The amount of alimony issued to a spouse cannot exceed 20% of the other spouses gross monthly income .
Don’t Miss: Can You Get Alimony After 5 Years Of Marriage
Researching Ways To End Alimony Payments
A higher-earning spouse may be interested in ways to end alimony payments to the ex-spouse after a divorce decree. During a divorce case or legal separation, most people seek ways to avoid an alimony order to a person they feel is perfectly capable of meeting the marital standard.
Even if the court awards spousal support payments to your ex, you may be able to have them ceased after the divorce is over if:
- Their financial situation has improved
- They completed their education, training, or vocational evaluation
- They have remarried
- They relocated
At that time, the courts will revisit the case, and depending on the specifics, may no longer require you to pay maintenance, or they may reduce the amount.
Knowing The Mistakes To Avoid When Negotiating Alimony
The right family law firm will be able to assist you in recognizing the mistakes to avoid when negotiating alimony and child support with the other spouse. In Missouri, most divorce cases settle after both parties agree regarding maintenance payments, including the amount and duration.
If the matter goes to court, both parties must provide accurate financial information and probably tax returns and other supporting documents to support their position.
To establish a picture of monetary strife, one or both partners may attempt to skew the judges view of their assets and income by quitting their jobs, changing to significantly lower-paying occupations, or filing for bankruptcy. Although claiming bankruptcy does not eliminate family court obligations, having substantial debt could indicate an inability to afford alimony.
Its important to remember that becoming intentionally unemployed will be considered hiding assets and could result in serious trouble.
Don’t Miss: Who Has To Pay Alimony
Strategy : Change Up Your Lifestyle
Youve likely already made some major changes in light of your divorce. It is rare that the higher-earning spouse will be given alimony payments, so it is a good time for you to consider just how much money you truly need to cover your expenses each month. If you earn more than your spouse, it is likely you will be responsible for making alimony payments. To avoid this financial conundrum, consider downgrading a lower paying job, for example, may be the way.
Downsize your income and live lean. You will need to carefully plan and budget your way through, but a little work and help from friends and financial gurus will save you a lot of headache about alimony.
Expert Tactics To Avoid Paying Alimony
Alimony can cause you serious financial strain. Being newly single and having only one income means youve already had to make big changes to your monthly budget and lifestyle. Some individuals may do something sneaky, like devise clever plans to get around the strain that alimony causes on their finances.
However, tempting as this may be, it is important you approach the matter with care, concern, and ethics. This way, you can avoid any legal ramifications that may result from attempting to avoid your soon-to-be ex-spouse.
The question is, how can you legally avoid handing over loads of money to your ex each and every month?
Following are nine tactics you can use to keep more of the money you earn and avoid paying alimony.
Don’t Miss: Where Do I File For Divorce In Houston Texas
How To Avoid Paying Alimony When The Alimony
Family Code section 4323 states:
Except as otherwise agreed to by the parties in writing, there is a rebuttable presumption, affecting the burden of proof, of decreased need for alimony if the supported party is cohabiting with a nonmarital partner. Upon a determination that circumstances have changed, the court may modify or terminate the alimony as provided for in Chapter 6 of Part 1.
Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this subdivision.
The income of a supporting spouse’s subsequent spouse or nonmarital partner shall not be considered when determining or modifying alimony.
Nothing in this section precludes later modification or termination of alimony on proof of change of circumstances.
This is important. Pay attention to it. If your spouse is cohabiting with a non-marital partner, he or she is presumed to have a reduced need. Ignore this at your own risk. Read our guide on cohabitation and alimony in California.
Pray Your Ex Shacks Up With Or Marries A New Partner
Already paying spousal support and wondering how to get out of paying spousal support in Texas? The state of Texas will allow you to request to terminate spousal support under certain circumstances.
These circumstances include your exs remarriage or cohabitation with an intimate partner, as well as the death of either party. You may also ask to terminate support if the other partys or your financial circumstances have changed. If your ex wins the lottery or gets a job that allows him or her to meet their minimum reasonable needsor you lose your job or earning potentialyou may be able to terminate or pay less in spousal support.
Don’t Miss: Divorce In The United States
Can The Amount Of Maintenance Ever Be Changed
Yes, but its not easy and can only be done in extreme situations. It does not happen automatically, so you must petition the court.
If you or your ex-spouse faces a significant life change, such as unemployment or disability, the amount of maintenance could increase or decrease. For example, if your ex-spouse loses his job, he could petition the court to pay a lower monthly amount until he gets a new job. If you lose your job, you could also petition the court to increase your alimony payments temporarily. Either party must be ready to show the judge proof of financial hardship.
Contact a Family Law Attorney in New York Today
Alimony laws differ from state to state, so hopefully, this Q& A session gave you a better understanding of the process and what you can expect. The experienced family law attorneys from The Colwell Law Group can answer your questions about alimony and help you understand your legal rights. Contact us today by calling 512-0257 or texting us at 730-7028.
Your Income Has Gone Down
- After losing a job you found reemployment but at a much lower salary.
- You have sales related employment but because of market forces sales have declined and your income has dropped as well.
- You have sales related employment but youve gotten older. Your sales referral network has started to retire and your ability to generate sales has decreased.
- Your physical health has declined and your ability to generate income has decreased as a result.
Read Also: How Does Alimony Work In Texas
Uniform Interstate Family Support Act
Every state has passed some version of the UIFSA. This law is designed specifically to enforce child support orders from one state against a parent who lives in another state.
Filing a claim under UIFSA usually involves hiring an attorney or working with your local child support office. It enables you to contact relevant people in the other parent’s state to enforce your child support order, such as:
- The state’s local courts
- Child support agencies
- The other parent’s attorney
The courts and authorities in the other state must enforce your child support order just as if it was created in that state.
This can take time, so it is helpful to start the process right away. It can take months or over a year to get child support cases to court when legal action is needed.
Moving Without Children: During And After The Divorce
Moving out of your old home is common during a divorce, and if the place you’re going is still within the county court’s jurisdiction, you should be fine.
A minor relocation doesn’t significantly change the facts of your case, though it is important to update the address that both your divorce lawyer and the court have for you so you don’t miss any document service or court mailings.
Moving farther away than a few freeway exits to be closer to extended family, however, can complicate your situation. If your divorce was filed in County A, for instance, and you’ve just moved across the state to County X, you shouldn’t expect to have the case move with you, even if you’re the one who filed it.
Rather, the original location has the first right to the case, according to law. In addition, if your spouse still lives in the original location, they have a right not to be dragged to the venue of your choosing just because you moved.
If it is at all possible to delay such a move until the divorce is final, you might save a lot of difficulty and gas money. Otherwise, expect to commute back to your old town for every court date unless your ex-spouse agrees to relocate the case.
You May Like: How Is Alimony Calculated In Utah
If A Woman Is Collecting Alimony And Moves Out Of State Is She Still Entitled To Receive Alimony
Lawyers from our extensive network are ready to answer your question.
Copyright © 2022 MH Sub I, LLC dba Internet Brands. The information provided on this site is not legaladvice, does not constitute a lawyer referral service, and no attorney-client orconfidential relationship is or should be formed by use of the site. The attorneylistings on the site are paid attorney advertisements. Your access of/to and useof this site is subject to additionalSupplemental Terms.
The Client Review Rating score is determined through the aggregation of validated responses. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Reviewers can be anyone who consults or hires a lawyer including in-house counsel, corporate executives, small business owners, and private individuals.
Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. For more information on Martindale-Hubbell Client Review Ratings, please visit our Client Review Page
What are the different Martindale-Hubbell Peer Review Ratings?*
Common New York Alimony Questions
If youre divorcing, you likely have questions about what you are entitled to receive. Once the assets are split up, can you expect to receive anything else from your ex-spouse? New York and other states offer alimony, also known as maintenance or spousal support. Maintenance is a type of financial support that may be paid to either partythe ex-wife or the ex-husband.
Not every person is eligible to receive maintenance, so its important to know who can receive it and the factors involved. Here are the answers from our Saratoga alimony lawyers to some questions you may have about the process.
Don’t Miss: File For Divorce In Sc
How Will The Court Determine Alimony
Whereas child support is more of a formula in terms of how much money will be awarded, alimony is normally at the discretion of the court . That being the case, working out the details of the payments prior to going to court would benefit both parties. The person receiving the support is supposed to be assured of an amount that is acceptable to meet his or her needs. The court also strives to find an amount that the payor can actually afford to pay to his ex-spouse.
New Jersey Marital Settlement Agreement
Properly drafted MSAs are designed and intended cover all the issues that may arise both as part of a divorce, and even in the years following a divorce.
It is critical to understand the terms of MSAs as they will dictate, for example, what circumstances may spark a change in an alimony order.
The courts of New Jersey historically allow parties of a divorce to create their own written marital settlement. Upon the MSA being signed by each spouse, the court will attach it to their Judgment of Divorce, and it will have the same impact as a court order, which can be enforced or modified by the court as the law permits
The spouses who can agree on the terms of their own MSA generally have more freedom in deciding its terms and conditions than if a court is called upon to decide the issues between the parties Once drafted, a court generally does not review an MSA before incorporating it into the parties divorce decree. Instead, the court makes sure that both parties understand the terms of the MSA, agreed to the terms voluntarily, and believe it to be fair and equitable, in consideration of the all the facts surrounding the parties divorce.
Also Check: Is Alimony The Same As Spousal Support
Enforcement Of Spousal Support In Maryland
Even if your ex moves to another state, regardless of the distance from Maryland, you can ask a court in Maryland to enforce the spousal support order. provides courts with a variety of options for enforcing family support orders, including alimony.
Regardless of whether your spouse lives in Maryland or another state, the court can attach or garnish your ex-spouses income, requiring your spouses employer to automatically deduct spousal support payments. The court also has the power to hold your ex-spouse in contempt, which can result in serious consequences that can include monetary fines and even a jail sentence.
In situations where your ex-spouse moves out of state and you cannot find your ex-spouse, you should not worry that your exs unknown whereabouts will mean that the court cannot take enforcement actions. You should speak with your attorney about your own responsibilities for locating your ex, and steps that you and the court can take to find your ex and to ensure that she or he makes appropriate spousal support payments based on the Maryland court order from your divorce.