Alimony is a court-ordered payment made from one spouse to another after a divorce. Spousal support is not based on gender and either party can request spousal support. In some cases, the couple will come to an agreement on which party will pay spousal support and for how long and how much.
In some other cases, the couple may not reach an agreement and require the help of a judge. The Maryland Court of Appeals has prohibited a specific formula for establishing the payment of alimony; however, an attorney is not prohibited from requesting the amount of spousal support to be paid. An attorney will look at the following factors when calculating the amount of child support that should be requested:
- First, the lawyer will estimate the cost of living together during the marriage. This is done by looking at how much was spent annually and deducting costs related to the children.
- The attorney will then split this cost of living in two. This will provide an individual cost of living estimate based on the marriage standard.
- Then the income of the lower earning spouse is subtracted from this.
The final amount will give you the amount that the Maryland alimony calculator tells spouses applying for spousal support.
Maryland state law dictates that certain factors must control child support payments. Depending on the following factors, alimony can be increased:
- If the income of one of the spouses significantly exceeds that of the other spouses. This must be for a minimum of at least $10,000.
- If a spouse earns a higher income from investments or assets that were given to them under the divorce settlement.
- How long did the marriage last? If the marriage exceeds the last 5 years, a higher alimony can be requested.
- Whether it will be difficult for a spouse to support himself or herself because he or she is over 50 years of age.
- If one of the spouses suffers a mental or physical injury that will make it difficult to support themselves.
- If only one spouse raised a child or children full time before the divorce. If so, will the child expect this to continue after a divorce?
- If the wealthier spouse has other property.
- If the spouses enjoy a high standard of living during their marriage, then the income of both spouses will be able to maintain that high level after a divorce.
- If the end of the marriage was due to the actions of a spouse.
- Whether or not the payment of alimony will entitle the paying spouse to tax benefits.
- If the spouse requesting alimony contributed to the marriage. Whether at the national or financial level.
In Maryland, alimony payments are not permanent and either spouse can petition the court to modify the existing spousal support agreement. At any time, either spouse can petition the court to increase, decrease, or end spousal support. Spousal support automatically terminates upon death, the recipient’s spouse remarries, or if the court determines that termination of spousal support is necessary to avoid a harsh and unfair outcome.
If you need a Maryland child support attorney to help you with your Maryland child support case, call us at 888-437-7747. Our Maryland child support attorneys can help. C