There are several factors that can determine the amount of money that may be paid in spousal support. As discussed in a prior article, spousal support depends upon both the receiving spouse's and paying spouse's income and lifestyle factors. This article will discuss the remaining factors that discuss your standard of living, expenses and income. Specifically, the court considers, in addition to information regarding your ex-spouse, your ability to pay and your work history.
The court first considers your employment history and education to extrapolate your income. Your ex-spouse will submit evidence of your income potential, but it is advisable that you do the same as well to make sure everything is accurate. The court will determine what you are able to pay based on this information.
The court will take special interest if your ex-spouse halted or suspended their professional/educational development to benefit your career. If the court finds that this occurred, then it is possible you will be ordered to make spousal support payments. The court may make a similar finding if your ex-spouse supported you while you developed your professional career.
The court also gives your ex-spouse the opportunity to explain why they believe that you are able to make payments. This means you also may submit evidence of your own expenses to contest that assertion.
Remember that there are many forms of spousal support. Your support obligations can be temporary. For instance, during divorce proceedings only. Obligations can be for months or for years also. It all depends upon the duration of your marriage and your spouse's ability to support him or herself. Remember, when ordering spousal support, the focus is on your spouse's standard of living. Not on yours.
If you are going through a divorce, then you may have to pay spousal support. As discussed in these articles, the court follows very specific guidelines when it comes to calculating support. An attorney can help you prepare your paperwork and strategy to effectively present your income so that you pay a fair amount.