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Difference between revisions of "Basic Principles of Spousal Support"
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Basic Principles of Spousal Support (view source)
Revision as of 20:02, 26 June 2019
, 20:02, 26 June 2019→Final orders and agreements: lump-sum payments
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Whether the court is dealing with an application for lump-sum spousal support rather than the more usual periodic-payment support obligation, the court will usually be concerned that the payment of spousal support isn't going to act as a substitute for the division of family property. The court will also be concerned that a lump-sum payment may not actually help the recipient become financially independent. | Whether the court is dealing with an application for lump-sum spousal support rather than the more usual periodic-payment support obligation, the court will usually be concerned that the payment of spousal support isn't going to act as a substitute for the division of family property. The court will also be concerned that a lump-sum payment may not actually help the recipient become financially independent. | ||
Payors are sometimes interested in lump-sum spousal support payments for the reason that the single payment will allow them to wash their | Payors are sometimes interested in lump-sum spousal support payments for the reason that the single payment will allow them to wash their hands of the other party and have done with it immediately, rather than having to deal with the other party on an ongoing basis. Recipients are usually interested in lump-sum spousal support payments where the cash is needed to make a down payment or some other payment that will contribute to their future security. | ||
The court may be prepared to make an order for a lump sum, either alone or in addition to a periodic support order, where: | The court may be prepared to make an order for a lump sum, either alone or in addition to a periodic support order, where: | ||
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Lump-sum awards are available on interim applications, but such awards are unusual. A lump-sum payment may be ordered if it is clear that: | Lump-sum awards are available on interim applications, but such awards are unusual. A lump-sum payment may be ordered if it is clear that: | ||
*the payment will provide immediate relief for the recipient | *the payment will provide immediate relief for the recipient, | ||
*ongoing monthly payments will not be necessary and | *ongoing monthly payments will not be necessary, and | ||
*the payor has the ability to make the payment. | *the payor has the ability to make the payment. | ||