Retirement is the new hot issue. There are so many baby boomers who are retiring. There are couples that were typically married for a long time, who had an award of indefinite spousal support, and now one of them is retiring or the paying spouse is retiring and that person is thinking support should be […]
Alimony and Spousal Support
Can a recipient ask for a spousal or child support increase to reflect a payor’s improved financial situation?
If the payor experiences a positive change, the payee can request an increase in child support and the child support orders may be modified upon a prima facie showing of changed circumstances. However, the purpose of spousal support is to maintain the former marital standard of living if possible; therefore, an increase in the payor’s […]
If a high-wage earner’s income plummets before divorce, would that affect spousal or child support?
It could. If the income plummets only the year before the divorce, we would obviously look at that to determine why it plummeted, to see if there was some divorce planning being utilized on the part of that spouse. If we assume, for argument sake, that the loss or the drop in income was not […]
Does any reduction in income constitute a valid reason to seek a modification of spousal support?
Almost any reduction in income does constitute a valid reason. If you’re just making a few thousand dollars less or maybe $10,000 less, it’s sort of your comfort level and it depends how much you’re paying for spousal support. But $10,000 less could be a huge number if your income was 50,000 and now it’s […]
How can an alimony recipent prevent the payments from ending with the payor’s death or disability?
Can an ex-spouse apply to have spousal or child support reduced or terminated?
Yes, if the payor experiences a substantial change in circumstances, he or she may apply to have his or her support obligation reduced or terminated. There is a two-step process in determining whether modification of alimony is appropriate: (1) whether there was a prima facie showing of changed circumstances, and (2) whether the supporting spouse […]
What happens to spousal support if the recipient remarries or moves in with a romantic partner?
Oftentimes clients come to their attorney wanting to terminate or modify their spousal support because their former spouse has remarried or is cohabiting with someone. That’s very tricky because, in Oregon, spousal support doesn’t end automatically when the former spouse remarries. The question is, does the new husband and/or live-in husband provide the same amount […]
Can child or spousal support be collected directly from a federal retirement benefit?
Yes. Same way, except if they’re retired, the garnishment order for income goes to OPM offices in Boyers, Pennsylvania. You can garnish retirement income with a court order for child support, spousal support, and you can garnish a thrift savings plan. Carolyn Grimes is a family lawyer at the law firm of […]
Can child support or spousal support be collected directly from a federal employee by a government agency?
Yes. You can submit your child and spousal support order for direct income deduction through the Office of Personnel Management (OPM). Generally, it’s an income deduction order from your state court, which OPM will honor. It’ll take a little while because things grind a little slowly, but they will garnish the employee’s paycheck. If you […]
Is a member of the military required to support their spouse and child while the divorce is pending?
The military takes spousal and child support very seriously. You could be court-martialed or you could be brought before the board if you are not supporting your wife and child even through a divorce.
Follow Us on Social Media