When referring to money paid to a former spouse, the term "alimony" has been replaced by "spousal support" in many states.There are different types of alimony available in different states.The general process for getting alimony is the same.
Step 1: Understand the purpose of alimony.
There are several purposes for Alimony.The spouse can live a lifestyle that he or she has become accustomed to.The purpose is to rehabilitate the spouse, so that they can support themselves now that the marriage is over, and to reward them for their sacrifice.Alimony isn't a reward for surviving a difficult marriage or a means to punish a spouse for bad behavior.Child support is not supported by alimony.The rationale behind child support is that a parent is financially responsible for their children even if they don't live with them.If the children live with the ex- spouse, he or she may benefit from child support.The purpose is to allow the children to share in the lifestyle of the non-custodial parent, and child support amounts will be calculated with that in mind.
Step 2: There are different kinds of alimony.
There are different forms of alimony.Temporary support is the most common.During a divorce or legal separation, a spouse may receive temporary alimony.A final order of alimony is more complex than the ordered alimony, which is calculated according to local rules.During the legal separation process it will be replaced by a final order of alimony.There was transitional alimony.When the recipient has the capacity to become self-sufficient but requires support while adjusting to the economic conditions outside of the marriage, this type of support is used.Time may be needed to get educational training.Some states consider support to help get an education to be compensated alimony.This type of support can include situations where one party made significant contributions to the other party's earning potential.When the dissolution of the marriage leads to one party receiving more in value without any other property available to offset it for the other party, a Compensatory Spousal Support may be awarded.It's sometimes called alimony.There is long-term maintenance.The court usually looks at whether the recipient would be able to maintain the long-term standard of living established in the marriage on his or her own.Maintenance support may be awarded if transitional or rehabilitative support is not enough to give the recipient the capacity to do so.Different states give different names to this form of support.In Tennessee, this type is called alimony.In Oregon, it is called maintenance support.Many states allow the judge to award more than one type of support at the dissolution of a single marriage.It can lead to the recipient receiving more in the initial months or years after the divorce, and less or none over the long term.
Step 3: Understand how support is calculated.
According to state law, alimony is determined by a judge.There is a formula used to determine alimony in some states.To see if this is the case, type "alimony" and then your state in a web browser and look for the statute.State statutes usually list factors that a judge will consider when calculating alimony.The length of the marriage is a factor.In California, a judge may not set an end date for alimony if the couple has been married for at least 10 years.The income of each spouse.The standard of living established during the marriage is likely to be affected by a significant earning disparity.The health and age of each spouse.Alimony awards increase with the age of the spouse.The standard of living in a marriage.The financial status of a married couple prior to divorce is known as the marital standard of living.The amount of alimony should allow each spouse to maintain the same quality of life.Whether one spouse made significant contributions to the education or career of the other during the marriage.One spouse can invest in his/her career if he/she stays home with children while the other spouse works.In an alimony decision, such a condition might be taken into account.The debts and assets of each party after the divorce.Domestic violence.There is a tax impact on alimony.
Step 4: Understand the tax consequences.
The tax implications of receiving alimony should be discussed with a tax professional.It will count as general income if you receive alimony.You will need to plan to make tax payments if you don't have your spouse withholding taxes.It is possible for the spouse paying maintenance to deduct payments on a federal tax return.You should meet with a tax professional.If you want to make sure your alimony payments are tax deductible, you should read IRS publication 504.Payments may or may not be deductible on your state taxes, depending on state law.
Step 5: Meet with an attorney.
You should meet with a lawyer to discuss your situation.An effective advocate could increase the likelihood that you will be awarded support.If you want to find an experienced family law attorney, you should visit the website of your state bar association.The names of many qualified attorneys can be given to you by bar associations.Many lawyers now offer limited scope representation.The attorney will help you with small tasks for a flat fee.You could ask an attorney to complete a petition for you, or you could get coaching on how to prepare for your hearing.
Step 6: An agreement for support.
You can negotiate with your ex- spouse for alimony.Negotiating a spouse agreement may give you more flexibility than a court order.Since alimony agreements must be approved by a judge in your state, you should look at the factors that the judge will consider.The agreement should be signed by both spouses.Get the judge's signature after signing the agreement.You can drop it off at the court clerk.You can file the agreement with the court clerk after the judge signs it off.Your copies will be stamped by the clerk.
Step 7: You shouldn't be with your spouse.
If you want alimony, you need to separate from your spouse.If you are going through a divorce or have a restraining order, you may be able to receive temporary alimony.If you are filing for a restraining order because of domestic violence, you can request alimony at that time.
Step 8: Financial information needs to be gathered.
You need to show proof of your finances when you petition the court for alimony.You should gather documents that show how much money you make, the current value of your assets, and your monthly living expenses.You will need to pay bank statements showing the current cash value of retirement accounts, life insurance proceeds, mortgage payments, and health care expenses.
Step 9: Find the appropriate court.
As part of a divorce, alimony is often requested.Some states will not allow alimony after a divorce has been granted.You have to request alimony during the divorce proceeding in Iowa.You can file for alimony in the county where you and your spouse live.You will file in the court for the county where you live if you are seeking temporary alimony for a separation.
Step 10: You can find the forms.
The forms for family law cases are prepared by most states.The forms can be found on the website of your local court or the state's Supreme Court.A petition for divorce will usually include requests for alimony.If you are seeking alimony, you need a form called a "Request for Order" or "Petition for Spousal Support."In some states, you simply use a blank form, but check off a box for support.You have to fill out a form on which you list your financial information.Ask your court clerk for the form, which can be called Income and Expense Declaration or Financial Affidavit.
Step 11: The forms need to be filled out.
Information about you and your spouse will be required in your petition.If you need help finding or filling out the forms, you should check if your court has a self-help center.People who can answer legal questions and look over your forms are employed by these places.You will typically be asked for your employer's name and contact information, as well as your age and education, other forms of support, and income from self-employment.Cash and checking accounts, stocks and bonds, and real estate are some of the financial assets it will ask about.You have to provide itemized monthly expenses.It's a good idea to have your forms looked over by an attorney or someone who works in the self-help center at the court.
Step 12: Prepare to file.
You must sign the forms once they have been completed.Any forms that have a block on them will need to be signed.Every document should be made into several copies.
Step 13: You should file your documents.
The original documents should be given to the court clerk.Unless you apply for a fee Waiver, you will be charged a filing fee.Fees vary widely.It costs $100 to file in Massachusetts.The fee in Nevada is more than in South Carolina.You can ask the clerk to stamp all of your copies.You will need a citation from the clerk, who will print it off and sign it.The other party is being sued by the summons.
Step 14: You should serve your spouse.
You have to give your spouse notice of the divorce petition.You don't have to give notice if you sign a joint petition for divorce.The methods of service should be asked of the clerk.You can't serve the papers on your own.The service was provided by the sheriff.The papers can be served by the sheriff.You will have to pay a small fee for this service, but can usually arrange it with the court clerk.The sheriff will mail an Affidavit of Service to you.This form shows that service was provided.You need to file it with the court clerk.The service is done by the process on the server.A professional process server can serve the papers for you.They cost between 45 and 75 dollars.The process server fills out an Affidavit of Service and returns it to you.A third party provides service.If this person is not a relative or a party to the case, you can have someone 18 or older deliver the papers.The Affidavit of Service should be given to this person.The service can be done by mail.The courts will allow service by mail.Send the documents certified mail, return receipt requested, restricted delivery to the ex- spouse.The Affidavit of Service will be filled out by you.
Step 15: Wait for the answer from your spouse.
You spouse has a certain number of days to respond after being served.The amount of time varies by state, but typically runs between 21 and 30 days.Your spouse will probably deny that they owe maintenance.You could move for a Default Judgment if your spouse doesn't respond.The court will only be able to order relief in the complaint.After the deadline has passed, you can fill out a judgment form and submit it to the court through the clerk.If the judge signs the default judgment, you can serve it on your spouse.
Step 16: You should get your hearing date.
You may be given a hearing date when you file.When you hear about a hearing date, ask the clerk when you file your petition.
Step 17: Get ready for the hearing.
You may need to explain to the judge why you need support.You should hit the main reasons you need support in your speech.Spousal support hearings can be very short, so you should not expect much time to talk.The factors that your state considers when awarding alimony are what you should base your argument on.If you are sick or elderly, you should argue that your physical condition will make it difficult to work.The sacrifice you made to help advance your spouse's career to the detriment of your own can be mentioned.
Step 18: Attend the hearing.
The judge will ask you and your spouse questions at the hearing.Your financial affidavits will be looked at by the judge, so he or she will know the amount of support to award.Anything that is unclear will be answered by the judge.Arrive early.You should have plenty of time to find parking and the correct courtroom.
Step 19: Prepare an order.
You will need to make an order if you win support.You have to do this immediately.The court may have blank order forms for you to fill out.Sometimes you need to print off a form from the court website and then complete it in court.On the blank order form, you will need to provide basic information such as the date and the courtroom where the case was heard.You must include the terms of the judge's order.Your lawyer can handle this for you.
Step 20: The order should be copied.
You have to send a copy of the order to your spouse.The order will be returned if he or she doesn't object.You need to file it with the court for the judge to review and sign off on it.Pick up a copy after the order is signed.If you distribute a copy to your ex-spouse, you may be held responsible.
Step 21: It's a good idea to facilitate payment.
If the two parties have not reached an agreement, the judge will state when the alimony starts and how it will be paid.If money is to be deposited directly, you may need to give your ex your bank account number.In some states, your ex- spouse will send alimony payments to a state agency, which will disburse them to you.This is the case in Florida.
Step 22: Understand when the alimony ends.
The alimony could be paid indefinitely if it isn't for a finite amount of time.The judge sets a date for cessation of alimony payments.A domestic partnership can be entered by a spouse receiving alimony.Children don't need a full-time parent at home.A judge decides if the partner receiving alimony has made enough effort to become self-supporting.The judge decides to modify alimony payments when there is a significant life event.One party is dead.
Step 23: If payments stop, contact your spouse.
In some cases, your ex may stop making payments due to uncontrollable circumstances, such as losing a job or a medical emergency.If you want to reduce or suspend the alimony payments, you can negotiate with your ex.If you do not come to an agreement, your ex is still responsible to pay the full amount of support unless she or he seeks temporary relief from the court.
Step 24: Sue in court.
If nothing else has worked, you can file a lawsuit against your ex in small claims court.This procedure should be the last resort.
Step 25: There is a contempt motion to be filed.
You need to seek a contempt order if your ex- spouse doesn't pay support.If your ex- spouse stops paying alimony, you can ask the court to hold him or her in contempt or issue an earnings assignment order.Incentives may be provided for your ex to pay what is owed, for example threatening jail time.If your ex- spouse fails to make alimony payments, you can request permission from the court to take the asset as payment, or force him to sell the property and pay what you are owed with the proceeds.A domestic relations order may be issued.This order will entitle you to part of your ex- spouse's retirement plans, not IRAs.In some cases, your ex's retirement account can be used to pay alimony.
Step 26: There is a motion form.
The form should be pre-printed.Ask the clerk if it's called "Contempt for Disobedience of an Order for Alimony."You should list the dates of missed payments when you fill out the forms.Attach a copy of your support order.If you want to serve notice on your ex- spouse, file it with the court clerk.
Step 27: Prepare for the hearing.
The amount of your ex- spouse's delinquent payments should be documented.Bank statements should show that no alimony has been deposited in the account.You should bring copies of any letters or other communication you have had with your ex or spouse.
Step 28: Attend the hearing.
You should state at the hearing that you have not received payment and that the judge will support documentation.You might be questioned as a witness.You may be questioned by your ex- spouse if you testify at the hearing as someone with knowledge of the case.You will have to make an order if you win.