Spousal Support (Alimony) – Calculator, Modification, Enforcement

By Salcido January 9th, 2010

Utah Spousal Support – Alimony Laws – Calculator

Either party may request and be granted alimony. Regardless of gender, alimony may be ordered on a temporary basis, pending trial, as well as for a longer period after entry of a divorce decree.

In determining alimony, the courts consider at least the following factors:

  • The financial condition and needs of the recipient spouse. This includes the monthly debts and obligations which the recipient spouse is required to pay and the availability of funds to pay these debts.
  • The recipient’s earning capacity or ability to produce income. This includes income received or available from all sources; the past employment history; ability or inability to work; passive income received; etc.
  • The ability of the payor spouse to provide support. This includes the income received from all sources by the payor spouse examined against all of the debts and obligations which the payor spouse is required to pay. Debts may not be incurred, as a general rule, to defeat alimony.
  • The length of the marriage. The longer the marriage, the greater the likelihood of an alimony award.

Additionally, the courts may consider the fault of the parties in determining alimony.

The courts, as a general rule, look at the standard of living that existed at the time of separation in determining alimony. In marriages of short duration, with no children conceived or born, the court may consider the standard of living that existed at the time of the marriage. There are times when the courts will attempt to equalize the parties’ respective standards of living. Alimony terminates automatically upon remarriage or cohabitation by the recipient spouse. Alimony is not to be ordered for duration longer than the length of the marriage, except in extenuating circumstances.

Modification of Alimony

Alimony may be reviewed and modified as conditions change and as warranted. If there has been a substantial and material change in your financial situation such as losing a job or taking a serious pay cut, you can petition the court to modify a spousal support order. The attorneys at Salcido Law Firm are experienced in handling these types of modification petitions and will provide you with effective representation. If you need to modify your alimony order please call us today and speak with a Utah alimony attorney.

Enforcement of Alimony Award

If you have been awarded alimony by the court and your ex has not been paying in accordance with the order, we can help you enforce your rights and pursue a claim for alimony due. Our team of alimony enforcement attorneys can represent you in enforcement of your divorce decree and orders. Contact us today and Get Protected! Call 24 hours a day at 801-207-8212 or toll free at 888.337.3235 or send us an email.

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This entry was posted on Saturday, January 9th, 2010 at 8:26 pm and is filed under Utah Divorce and Family Law Attorney Blog. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

 
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