My alimony and child support are causing me to lose my house. What can I do?
Typically people think of alimony or spousal support as being for “gold digger” women or men who just want their former spouse’s continued support. Although the idea that women are unable to support themselves without a husband is an idea that is severely outdated, the concept of spousal support still exists in the modern legal system for a reason.
Although, to the person paying spousal support, it can seem like a burdent that prevents them from moving on with their life, for some receiving alimony, those monthly checks can be the difference between having groceries and going hungry. This is particularly true if the former spouse has a disabling mental illness.
The recent case of Vedensky v. Vedensky highlights acceptable ways in which rehabilitative alimony orders should be employed. In that case, the initial divorce agreement incorporated a child support order from the husband to the wife, but there was no alimony payment required.
As time when on, the mental state of the former husband declined to the degree that his once six figure annual salary was depleted to a three figure weekly earning. The judge agreed that the husban was an individual who required, and was entitled to, monetary support from his former spouse.
What is the purpose of alimony?
Spousal support is intended to minimize unfair financial impacts of a divorce by supplying income to a spouse who was not earning a wage during the marriage, or who earned less than the other spouse. One spouse may have elected to put his or her career aside in order to raise children, support the other spouse in his/her career, or support the family otherwise.
How is alimony and child support determined?
Several things determine whether or not alimony is awarded and how child support is calculated. The income of the paying party will be taken into consideration and the amount should not exceed what the person should be able to disperse. However, things can look different on paper from how they do in real life. A number of considerations go into the calculation of support obligations and one should consult with a knowledgeable attorney when and if support issues arise.
Our firm focuses fully on family law. Our Columbus divorce and family law attorneys can help if you are breaking under the weight of massive child support and alimony payments. You can reach the Law Offices of William L. Geary by calling 614-228-1968 to meet with an attorney as soon as possible.