Spousal Support Research Paper

Child support is a complex and detailed process even with the strict calculation guidelines in place. The parents can agree upon an amount or the court may adjust the amount according to the situation.

Under Family Code Section 3900, the legislation states that the father and mother of a minor child have an equal responsibility to support their child in the manner suitable to the child’s circumstances as well as the parent’s circumstances and station in life. Family Code 3901(a) followed by Section 3900 that the duty of support of a parent continues to unmarried child who has reached the age of 18 years, is a full-time high school student, and who is not self-supporting, until the time the child

If a divorce agreement executed in 2012 specifies that a portion of the amount of an alimony payment is contingent upon the status of a child, that portion is considered to be a child support payment.

Child support is the amount of money that a court orders a parent to pay each month to help support the child’s living expenses. California Family Code §4057(a) states that the guideline amount of child support, as determined by the formula, is “presumed to be the correct amount of child support to be ordered”.

The most prominent of said guidelines are that in cases where “the merits of a divorce action are not contested, whether or not an answer has been filed, there is no requirement that the testimony of the complaining party be corroborated by witnesses; the court may not grant a divorce when the parties seek to procure a divorce for fraudulent purposes; and attorney’s fees awarded in the nature of support may be made payable immediately or in

Married couples further receive various family benefits, such as filing for joint adoption; employment benefits, such as obtaining insurance benefits through a spouse’s employer and taking family leave to care for an ill spouse; and medical benefits, including hospital visitation and making medical decisions for an incapacitated spouse. (Nolo). It should be noted that many state laws also use marital status as a dividing line for

How is the child support amount calculated? The Child Support Guidelines are administered by the States and they vary from one state to another. The Guidelines are a little murky if one (or both) of the spouses are independent business owners that have control over their income. In such cases, a financial or tax professional will be able to help to figure out the real potential income of both spouses. Is there a need to go to court? If you are unable to reach an agreement, then going to court is necessary. A judge will hear the case once a court date has been set. In the USA, less than 2% of divorce cases ever proceed to trial. What is a QDRO and do I actually require one? A Qualified Domestic Relations Order (QDRO) is an official document that

The welfare of a divorcing or divorced couple's children is of the utmost importance in accordance with California divorce laws, so the court does its best to decrease negative effects on the child. In fact, child support and custody are two very significant issues. In California, children are eligible to receive support until they reach the age of 19. However, if a child turns 18 years old and becomes self-supporting, marries, dies or is not a high school student anymore, then he or she will no longer be entitled to support.

Arizona laws are used to determine spousal maintenance, child support and family support awards and amounts. In some cases, the court finds a temporary family support award appropriate. Laws and specifications regarding the handling of awards varies when comparing awards as set down in a final Decree to a temporary family support award. This differences between how the two types of financial awards are handled can lead to difficulties in interpreting the law as pertaining to the situation at hand. Such seemed to be the case with Maximov v. Maximov.

Alimony is a legal obligation to provide financial support to one’s spouse before or after marital separation or divorce. Traditionally, the husband was responsible for paying alimony to a separated or former wife but since the 1970’s, thanks to gender equality movements and now to changing marital laws, both spouses are now legally recognized for paying alimony to one another in cases of marital separation or divorce. Though it is often required to be paid on top of child support, in cases where the separated or divorced couple has children, alimony is an entirely

In regards to the second criteria needed for Innocent Spouse Relief, it is a necessity to have a substantial understatement of the income or credits for the tax payers. Substantial Understatement of income tax (§ 1.6664-2); substantial can be defines as 10% of the tax required or $5000-10,000 depending on C or S corporations. Understatement can be defined as the tax you

Spousal Impoverishment protection law applies for the nursing home admission for the spouse. The purpose of the law is to allow the community spouse to keep some of the couple’s income and assets while still qualifying the nursing home spouse for Medicaid. The Law was amended in 1988. The program also allows the spouse at home or also known as the community spouse to maintain their income and independence financially. It also protects items like the couple’s home, vehicle, funeral cost, and household goods. The program is simple and helps to keep the other spouse at home and not on the streets and not have to rely on other people help for

To be honest I do not quite understand this whole alimony problem. Based on our book reimbursement alimony seeks to repay a spouse who worked during the marriage so that the other spouse could obtain training or otherwise enhance his or her future earning capacity. Based on sample in our book I do not see anything wrong with this reimbursement alimony. If one spouse enroll in school and the other helps to pay for tuition and afterword the marriage fails apart, that I believe the spouse who was going to school should paid back to the spouse for all the financial help provided. I believe that is just the right thing to do to be fair.

When settling a divorce with children involved, a common question is how child support will eventually be determined. It can be concerning for a parent that wants custody and is worried about if they’ll get the support they need. It can also be concerning to the non-custodial parent, since they’ll need to be able to afford the payments. Know that child support will be determined by these factors.

     Spousal Abuse is a rising issue today in the United States. Spousal Abuse affects individuals of all social classes and gender and both males and females are victims of spousal abuse. Abuse of men is not a topic commonly known or discussed in our society as easily as abuse of females for various reasons. However it is a topic that needs to be examined so men who are being abused know they are not alone and society treats it as problem and not over look it. Bedsides the individuals directly involved it also affects children, other family members and friends that surround them.