 When a party believes that they have a need
for financial assistance from the other party, alimony can
be requested. As with child support, the Court can award temporary
alimony until the final divorce hearing is held, at which time
a permanent alimony amount may be ordered. Alimony can be withheld
from the paying parties paycheck or the party can be ordered
to pay the money to Support Enforcement who will distribute
it to the other party. If the party fails to pay Support
Enforcement, one of their staff can testify that the payment
was not made; instead of the party having to come to Court
with an attorney.
In order to obtain alimony, there has got to be a need for
assistance on the part of the requesting party and an ability
to pay alimony on the part of the other party. Thus, one party
may claim that they cannot pay their basic monthly bills without
the help of the other.
A classic example may be the 56-year old woman who has been
married for 29 years. It takes $4,500.00 per month to run the
household. The husband has moved into an apartment. The wife
has never earned more than $300.00 per week and the husband
earns $5,000.00 per month. The Court's position may well be
that this woman is entitled to economic assistance. She has
grown accustomed to a certain lifestyle and she will probably
not be required to drastically alter it. Also, there is little
likelihood that she can significantly increase her income anytime
soon. Clearly there are many cases where the answer concerning
alimony is not as obvious.
A good example would be the 9 year marriage where the wife
has a particular skill. She has not worked in her profession
for awhile and won't have any significant earnings until she
is back in the work force for a few years. Courts have the
discretion in such a circumstance to award rehabilitative alimony
as opposed to permanent alimony. This alimony is for a specific
period sufficient to allow the receiving party to finish their
education or advance in the job market to the point that they
can make a reasonable living and be self sufficient. It may
be changed to permanent alimony in some circumstances if the
party cannot accomplish their rehabilitative goals through
no fault of their own. |
