Are spousal maintenance and alimony the same thing in Minnesota?

Basically, yes.  Spousal maintenance, formerly called alimony, is the financial support that one spouse is ordered to pay to another spouse in a dissolution of marriage proceeding.

Is there a set amount that I must pay or can receive in spousal maintenance?

Unlike child support, there are no statutory guidelines the Court is required to follow in setting spousal maintenance. The amount and duration of a spousal maintenance award is dependent upon the length of the marriage, the disparity in earnings and earning capacity, and the respective monthly living expenses or needs of the parties.

Can I get or will I have to pay permanent maintenance?  When will it end?

Permanent spousal maintenance may be awarded in long term marriages where there is a great disparity in incomes between the parties, while temporary or rehabilitative spousal maintenance may be awarded in shorter marriages where the spouse receiving the maintenance has an ability to increase his or her earnings within a projected period of time.

Absent specific agreement of the parties or order of the Court, permanent spousal maintenance will only terminate upon the death or remarriage of the spouse receiving the financial support. Parties can agree on the amount and duration of spousal maintenance or can even waive their right to receive financial support if none is needed or if they are compensated through some other means.

Absent such a waiver, spousal maintenance awards can be reviewed by the Court at a later date to determine if the award should be modified, extended, or terminated. To modify a spousal maintenance award, the party requesting a modification must demonstrate that either party has suffered a substantial change in financial circumstances which makes the existing award unreasonable or unfair.

If the parties waive their rights to receive financial support from each other, specific language may also be included to dispossess the court of any authority to award spousal maintenance in the future. Such language can also be incorporated into an agreement to prevent a court from examining existing spousal maintenance awards in the future. These types of waivers are specific to the issue of spousal maintenance and cannot be used by the parties to waive obligations with respect to the financial support of children or relative to the authority that the Court exercises over those children.

A court will consider a list of different factors in determining whether an award of spousal maintenance is reasonable. Due to the lack of any defined rules with respect to such awards, it is important for both individuals requesting spousal maintenance, as well as those who are asked to pay spousal support, to consult with an experienced family law attorney to protect their interests.

Vincent Martin and Joyce Cundy

Minnesota Lawyers

www.cundyandmartin.com

Child support contempt in Rhode Island (RI)

If a person violates a Rhode Island Family Court order by not paying child support, the parent with physical custody may file a motion to hold that person in contempt for failure to pay child support.  A person accused of not paying child support has a right to a hearing. The obligor parent has the right to proper notice under the Rhode Island Family Court Rules.

If the person owed child support (the parent with physical placement / custody) is on AFDC Benefits (welfare) than payment may be owed to the state of Rhode Island. In that event, the motion may be initiated by the State of Rhode Island, Child Support Enforcement rather than the father or mother with physical custody of the minor child.

A Child Support contempt proceeding could be part of a Rhode Island divorce, child custody, Complaint for separate Maintenance, dcyf petition, child visitation, paternity or other type of Family Court legal action. If there is a potential for incarceration and a person cannot afford a Rhode Island Family Law lawyer / attorney then the Family Court must insure that the person has an attorney representing him or her. The Judge usually has a list of Court Appointed attorneys who are paid for by the state. Otherwise, the Court will appoint  one of the lawyers from Rhode Island Legal Services to represent the person.

There is often an opportunity to settle the matter prior to any hearing in which a judge may find a person in willful contempt. A settlement typically may include any one of the following or a combination of the following or something different:  the obligor agreeing to remain current, paying a lump sum, a payment plan, staying current in addition to an arrearage order, etc.

In some situations, the parent with physical custody or Child Support enforcement is unwilling to settle the matter and insists on a hearing.

Technical contempt

If a person is found in technical contempt after a hearing, it means that the person has not complied with the child support order. However, the Court believes that the person had a legitimate reason or excuse for failure to pay, such as loss of job (being fired, laid off), decrease in income, disability, injured at work, unable to work, medical problems, or a myriad of other excuses or explanations. The judge also may not accept any of the above stated excuses as justification for failure to pay.

A person found to be in technical contempt will not be sentenced to the Adult Correctional Institution (aci) (jail)! However, the person may be ordered to find employment, raise a lump sum, stay current and / or make payments on the arrearage, pay attorneys fees, make certain lump sum payments, obtain a second job etc.

Most Judges have little patience for people who do not support their children. If the person has an excuse for nonpayment it better be a good one or they may find themselves in Jail. The amount of arrears and the person’s history for compliance or noncompliance is often crucial in a judge’s determination! If a person has a long history of  nonpayment then that person has a much higher likelihood to be held in willful contempt.

The more a person owes the more likelihood that the person will be held in willful contempt.

At a hearing the judge will look at all relevant supporting documentation that has been offered into evidence. The judge will almost always ask what the person can pay at that moment or whether they are able to immediately borrow money from friends or family. The Usual Dialogue is – “how much can you come up with to stay out of Jail and how quickly can you pay?” The RI Family Court judge may also be interested in whether a person has assets that he or she can sell.

If a person’s circumstances change then they need to file a motion to modify or suspend their child support rather then not make the payments! Child support does not automatically modify upon circumstances changing. If a modification is granted then the modification will be retroactive to the date of filing of the motion to modify not the date the circumstances actually changed. This does not mean that a person can unilaterally change their child support when they file a motion. It means that the child support will run retroactive after the Family Court issues an order modifying the child support. Therefore, if a person loses their job, becomes disabled, their hours are reduced or their pay decreases they must immediately file a motion to modify.

Child support can only be changed or modified if a motion is filed and an order enters. In many instances the judge’s response to a person’s plea to not hold them in contempt because they lost their job or their income decreased will be something like: “you should have filed a motion to modify or suspend child support when your circumstances changed rather than not pay.”

 
Willful contempt

A finding of willful contempt means that the judge believes that a person is thumbing their nose at the Court or has no reasonable justification for nonpayment. It could result from the judge not believing that the stated excuse for nonpayment is a justifiable excuse. A finding of willful contempt could also mean the following: 1) the person has the ability to pay and has not made payment 2) the person has not made proper efforts to find suitable employment 3) the person is able to work yet either isn’t working,  is underemployed or not making proper efforts to find employment.

The judge may believe that the contempt is willful because the person is lying, exaggerating his excuse or that the person is not acting in good faith.

If a person is found in willful contempt for not paying Rhode Island child support, the person could be sentenced to the aci from day to day. Contempt sanctions are  technically not criminal proceedings! However, since the sanctions could lead to jail time,  they are quasi criminal proceedings. Contempt proceedings are not  technically criminal because they are intended to compel compliance with child support orders rather then punish for nonpayment!

If a person is sentenced to the aci from day to day, then the judge of the Rhode Island Family court will usually state that upon payment of certain amount the person will be released from jail.  In child support contempt proceedings there is always a ticket out of jail by making a certain payment. A person could be held in willful contempt and not be sentenced to the aci.

Legal Notice per Rules of Professional Responsibility:

The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer as an expert or specialist in any field of practice.