When a couple who has been married for more than five years and one of them have children or when a divorce is about to take place, there is a possibility that one spouse might request an increase in alimony. A judge will look at the economic circumstances of the two spouses at the time of the increase in the alimony amount.
The courts usually have much looser requirements for the type of alimony and spousal support when it comes to the court considering the economic hardship that may exist. This situation arises from the fact that a non-custodial parent can usually do a better job at caring for a child than the custodial parent. For this reason, the spouse who has children is given the option of requesting spousal support.
The amount of spousal support given by the court may be increased as a result of an agreement between the parties involved. For example, the non-custodial parent may ask for spousal support because he or she believes the custodial parent may not provide sufficient care for the children. On the other hand, if the spouse with children was the primary breadwinner and if the non-custodial parent would also be earning the same income, the spouse might consider a request for a higher spousal support amount. An attorney can help explain the importance of the spousal support amount to be determined.
An increase in the amount of spousal support can occur if the non-custodial parent who is in the higher income bracket has additional sources of income. It can also occur if the non-custodial parent requests spousal support because the former spouse was able to work and support the children.
It can be hard to calculate how much spousal support to award to a non-custodial parent who is struggling financially, but there are some factors to consider such as the current income of the non-custodial parent and how the current spending habits of the non-custodial parent affect the financial needs of the children. A spouse who is getting a divorce may want to make sure that any of the spouse’s living expenses can be accommodated.
If the spouse receiving alimony is not claiming spousal support and the custodial parent is asking for more money, the non-custodial parent should see if he or she can contribute towards the living expenses for the children. If so, the court may award the non-custodial parent the same alimony amount as the custody amount because the non-custodial parent is contributing towards the children’s living expenses.
The court may consider the earning capabilities of each party when determining the amount of spousal support to be awarded and the terms of the spousal support payments, including the terms and conditions for child support payments. An attorney can help determine if there are child support guidelines that apply to the custodial parent when a divorce is taking place.
There are time limits to the child support payments. These can vary depending on the state. In addition, each state may have a statute of limitations that determine the time period over which the court may make a determination regarding a need for child support.