Divorce - Spousal Support

Question 1

What is regard to be disclosed when support is in issue?

Answer 1

• compulsory financial disclosure by both parties

Question 2

What does the ct take into account to award maintenance?

Answer 2

1. income & property of respective ptys
2. duration of marriage
3. present & future earning capacity
4. ability to become self-supporting
5. reduced/lost lifetime earning capacity
6. presence of children in the respective home
7. tax liability
8. contributions of the spouse seeking maintence
9. wasteful disappation
10. transfer incumbrances
11. everything else

Question 3

Can courts consider fault in a maintenance award?

Answer 3

• Yes
• But a finding of marital misconduct by the needing spouse does not preclude an award

Question 4

What are the grounds for modifying maintenance?

Answer 4

• substantial change in circumstances
• either may move for it
• substial change
  
  • decline in payors income due to no fault
  • payor quit
• person willfully commits a felony subjecting him to prison
• pty income has not changed but you have new spouse & children does not count
• change in custody of the children
• reduction in income outside the control of the payor
• loss of employment where the payor has diligent sought other work

Question 5

What are grounds for termination of spousal support?

Answer 5

1.