When And How Can A Spousal Maintenance Award Be Modified?

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Mar 12
maintenance

Once an award of spousal maintenance (alimony) is ordered by the court, it may be modified if certain criteria are met. In order to modify and award of alimony, the party seeking modification obtains a court date and serves and files motion papers. Keep in mind that the modification, if granted, is usually only retroactive to the date that the motion papers are served on the other side. For that reason, it is important to obtain legal assistance at the earliest possible time, rather than allowing arrears to build up, if you are unable to afford the maintenance obligation as ordered. Any of the following provide a basis for the judge to modify an existing alimony « Continue »

Podcast: Spousal Maintenance: Factors Considered By The Court

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Nov 13
alim

The Family Law Show returns with an overview of spousal maintenance (alimony) awards under Minnesota law. Alimony is an emotionally-charged issue, with significant financial implications for both parties. The spouse asked to pay rarely wants to, while the spouse asking for support usually needs it. What is the Court going to do? Topics discussed in this podcast include the role fault plays in an alimony award, the factors the court will examine in determining how much alimony is appropriate, the factors the court will examine in determining how long alimony should be paid, and the tax implications of spousal maintenance payments. Run Time: 13:18 « Continue »

Judge Stephen Halsey’s Minnesota Family Law Blog Highlights Alimony Award In Light Of Non-Marital Pension Benefit

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Nov 12
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In December of 2009, Minnesota Judge Stephen Halsey (chambered in Wright County) launched his Minnesota Family Law Issues Blog, a terrific resource for both lawyers and litigants. As I understand, Judge Halsey's blog is the first of it's kind in Minnesota (from the judiciary). His unique perspective provides an interesting addition to the exchange of family law information online - including podcasts. Judge Halsey's post entitled Post-Decree Modification of Maintenance: Pension as Income or Property caught my attention as I was reviewing the posts of others today. Judge Halsey writes: A recent unpublished Court of Appeals decision, Hemp, 2010 WL 1657024, is worthy of « Continue »

“I’ll Quit My Job” Says My Spouse. Can They Get Out Of Paying Child Support Or Alimony To Me?

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Jul 12
spouse

The court will "impute" income if your spouse is voluntarily underemployed. Rest assured, you have nothing to fear. Let's suppose your spouse is trained as a physician and decides, for the time being, to work as a waiter at a local restaurant. The court can take an individual's education, work history, job opportunities in the local market and earnings associated with those jobs into account in calculating appropriate child or spousal support. Assuming your spouse is reasonably assured of obtaining a position as a doctor with a six-figure salary, a doctor's salary will be attributed to them. One of the more common discussions we have with new clients involves a spouse's claim (with « Continue »

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