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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 00:22, 18 April 2013
, 00:22, 18 April 2013→Interim orders and agreements
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===Interim orders and agreements=== | ===Interim orders and agreements=== | ||
''Interim orders'' are temporary orders made once a court proceeding has started. Interim orders are not meant to be permanent | ''Interim orders'' are temporary orders made once a court proceeding has started. Interim orders are not meant to be permanent. They last until another interim order is made or the proceeding wraps up with a trial or a settlement. Likewise, ''interim agreements'' are agreements made when settlement discussions have started, and they are meant to last only until a final agreement is negotiated. | ||
The court will think about the same things when it hears an application for an interim spousal support order as it does at the hearing for a final order. At least, that's the general rule. In reality, however, the court usually takes a pretty rough and ready approach to interim applications based on something called the ''means and needs'' test. | The court will think about the same things when it hears an application for an interim spousal support order as it does at the hearing for a final order. At least, that's the general rule. In reality, however, the court usually takes a pretty rough and ready approach to interim applications based on something called the ''means and needs'' test. | ||
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#the applicant is employed but is unable to pay his or her household bills without help. | #the applicant is employed but is unable to pay his or her household bills without help. | ||
Of course, ''need'' alone isn't enough and the person against whom the application is brought must have the ability to actually ''pay'' support. Whether the payor has the means to pay support is usually figured out by looking at the payor's monthly income, less any child support obligations, less his or her reasonable monthly expenses. If there is money left over, if there is ''disposable income'', some or all of that money is available to be paid as spousal support. | Of course, ''need'' alone isn't enough, and the person against whom the application is brought must have the ability to actually ''pay'' support. Whether the payor has the means to pay support is usually figured out by looking at the payor's monthly income, less any child support obligations, less his or her reasonable monthly expenses. If there is money left over, if there is ''disposable income'', some or all of that money is available to be paid as spousal support. | ||
Depending on the respondent's ability to pay, the amount of spousal support awarded may be enough to equalize the parties' incomes and, sometimes, enough to help the applicant enjoy more or less the same standard of living that he or she enjoyed before the parties separated. | Depending on the respondent's ability to pay, the amount of spousal support awarded may be enough to equalize the parties' incomes and, sometimes, enough to help the applicant enjoy more or less the same standard of living that he or she enjoyed before the parties separated. | ||