There are few areas of Family Law that are more fact and legally intensive than the issue of spousal support.
Spousal support may be governed by the parties’ private contract or by court determination. Parties are able to agree to all the aspects of spousal support without court involvement and in fact can agree to much more than what a court is able to order.
More so than in child support cases, the court tends to exercise much more discretion in considering and awarding spousal support. Issues involved in determining spousal support depend on key factors such as: (a) gross incomes of the parties, (c) need and ability to pay, (c) length of a marriage, (d) standard of living during the marriage, (e) the roles of the parties in marriage, (f) the abilities of the parties and (g) financial resources of the parties.
The right law firm and lawyer can make the difference
Spousal support cases can quickly become hotly contested. Oftentimes, spousal support becomes disputed because the parties cannot or will not agree to an amount of spousal support (if any at all) or the duration for which such support should be paid. For instance, the parties may not be able to agree on the amount of their respective gross incomes (ex. one party may claim that income is really not income or may not disclose income or may claim that income earned is no longer going to be earned, or may be willfully unemployed or underemployed, or may have wildly unrealistic expectations, etc). Or, the issue of the parties’ standard of living, earning capacity, or ability to provide support may become disputed etc. In some cases, the dispute resolves around the duration of support to be paid ex. whether support should be paid on an indefinite basis or terminate upon a date certain. Or, there may be no agreement as to terminating events. In such events, it takes a skilled attorney to advance a client’s case and successfully advocate for a client’s position whether reached by agreement or by court edict.
At the Law Office of William R. F. Conners, P.C., our firm is experienced at handling complex spousal support matters. Whether it is using expert testimony to prove that an opposing party is underemployed or unemployed, or establishing the existence and nature of undeclared income or defending a payor client against the unreasonable demands of unrealistic expectations, we leverage our vast array of legal knowledge and strategic tools to best represent you.
In awarding spousal support, the court considers numerous factors. As such, we will analyze the facts of your case and present your argument to build a convincing case. In order to build your case and best represent you, the Law Office of William R. F. Conners, P.C. will evaluate the following critical factors:
- The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
- The standard of living established during the marriage;
- The duration of the marriage;
- The age and physical and mental condition of the parties and any special circumstances of the family;
- The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
- The contributions, monetary and nonmonetary, of each party to the well-being of the family;
- The property interests of the parties, both real and personal, tangible and intangible;
- The provisions made with regard to the marital property under 20-107.3;
- The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
- The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
- The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
- The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
- Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
- As in most family law cases, the critical difference in prevailing is often being the party who best conveys their case- that is extremely true in spousal support cases. It is crucial that you have an attorney who is committed to fully understanding all the facts and financial aspects involved. That argument that carries the day in court is the one that is supported by going the extra mile. Our legal knowledge, experience and court room skills are leveraged to convey your position in a manner that can best achieve your goals.