Free Divorce Consultations » Maintenance http://freedivorceconsultation.2send.me With Free Advice And Tips Tue, 29 Dec 2009 16:15:54 +0000 en hourly 1 http://wordpress.org/?v=3.2.1 Spousal Maintenance, Alimony, and Family Law in Minnesota http://freedivorceconsultation.2send.me/spousal-maintenance-alimony-and-family-law-in-minnesota/ http://freedivorceconsultation.2send.me/spousal-maintenance-alimony-and-family-law-in-minnesota/#comments Sun, 01 Nov 2009 21:48:08 +0000 Divorce Lawyer http://freedivorceconsultation.2send.me/spousal-maintenance-alimony-and-family-law-in-minnesota/

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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

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In divorce cases where there are children involved the wellbeing of the child always becomes the number one priority.  Arrangements for both residence and contact orders will be made by the court with the welfare of the children being the main factor in their considerations.  Once these are decided child maintenance payments will become the main issue.

The size of child maintenance payments will be decided by the Child Support Agency (CSA).  Child maintenance payments will be based on the size of assets and level of income with the non-custodial parent being the focus of investigations.  The CSA will look at factors including living expenses such as food and utility bills as well some other costs such rent or mortgage payments.  All of these will be deducted from the person’s income to give their ‘accessible income’.  From this accessible income the CSA deems up to half of it to be available for child maintenance payments.

There is no maximum limit set for maintenance payments but there is a minimum.  For people who struggle to meet payments government help in available.  On average the typical maintenance payment amounts to £40 a week.  In situations where there has been a change in circumstances such as redundancy or illness then the CSA may reassess the arrangement.

Not all cases are referred to the CSA and where possible the divorcing couple can make arrangements as part of the divorce process.  However arrangements such of these may only stand for 12 months after which either party can apply for an alteration of the payments and refer the matter to the CSA.

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