Chesterfield Alimony Attorneys & Spousal Support Lawyers
Fight for a Fair Determination in St. Louis County and St. Charles County with Galmiche Law Firm, P.C.
Maintenance, formally referred to as alimony, is a payment awarded as part of a divorce proceeding, usually as a monthly payment, from one spouse to another, with the intent of supporting the receiving spouse financially.
Maintenance may be ordered by the court in various situations, including where there is a large discrepancy in the earnings between the spouses so that the parties end up having a similar standard of living after the divorce.
Alimony is tax-deductible for the paying party and reportable as earnings for the beneficiary if the divorce was finalized on or before December 31, 2018. If you divorced after January 1, 2019, or later, new amendments to the Tax Cuts and Jobs Act remove the tax deduction and reporting provisions.
Do you have concerns about the alimony determination in your divorce? Discuss your options with our Chesterfield spousal maintenance lawyers. Give us a call at (636) 552-4841 today.
Factors in Calculating Maintenance & Amount Awarded
The Missouri Statute for Maintenance provides a two-tier test. The initial test for a party to be entitled to some level of maintenance is for the court to determine that the spouse seeking maintenance:
- Lacks sufficient property, including marital property apportioned to her or him, to provide for her or his reasonable needs.
- Is unable to support herself / himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Additionally, the lifestyle established during the marriage is a consideration. Courts aim to enable both parties to maintain a similar standard of living post-divorce. The division of responsibilities within the marriage is also reviewed, acknowledging contributions to the household that may not involve direct economic gain.
Once it is determined that a spouse may be entitled to some level of maintenance, some of the factors that the court may consider in determining whether maintenance will be ordered and the amount of the award include the following:
- The financial resources of the party seeking maintenance, including income and marital property apportioned to her / him and her / his ability to meet needs independently.
- The paying spouse’s ability to pay and the receiving spouse’s need for support
- The comparative earning capacity of each spouse
- The couple’s standard of living while they were married
- The obligations and assets, including the marital property apportioned to her / him and the separate property of each party
- The duration of the marriage
- The age, and the physical and emotional condition of the spouse seeking maintenance
Courts also consider the mutual agreements or responsibilities defined during the marriage. For instance, if there was a mutual decision that one spouse would forego a career to support the household, this is taken into account.
The role of sacrifices and dependents in the marriage impacts maintenance decisions greatly. For maintenance, there is not a mathematical formula for determining the presumed amount of maintenance, unlike child support. Maintenance instead is calculated on a case-by-case basis.
Types of Spousal Support in Missouri
Spousal support or maintenance can take various forms.
- Temporary Spousal Support (Maintenance): This support is typically awarded during the divorce proceedings to assist the lower-earning spouse with living expenses. It may last until the finalization of the divorce, providing crucial financial support while the case is ongoing.
- Temporary Spousal Support (Maintenance): This support is typically awarded during the divorce proceedings to assist the lower-earning spouse with living expenses. It may last until the finalization of the divorce, providing crucial financial support while the case is ongoing.
- Spousal Support (Maintenance) for a Duration of Time: This type of support is agreed upon by the divorcing spouses. The spouses agree that spousal support (maintenance) will be paid to a spouse for a set duration of time.
Additionally, there can be rehabilitative support, which is intended to assist the receiving spouse in becoming self-sufficient. This might involve financial support for education or job training. Each case is unique, and the type of spousal support awarded will depend on the specific circumstances surrounding the marriage and divorce.
Contact Galmiche Law Firm, P.C. in St. Louis County and St. Charles County - Free consultation. Call (636) 552-4841 or contact us online today!
Spousal Support Trends in Chesterfield
In recent years, Chesterfield has seen trends reflecting broader changes in alimony and spousal support practices. There's a growing recognition of dual-income households, which has led to changes in how financial support is structured post-divorce. Judges are increasingly considering the potential for both parties to be financially independent, thanks to the societal shift toward dual-career marriages. This trend impacts the duration and nature of awarded spousal support.
Another notable trend is the emphasis on rehabilitative support, which allows the receiving party to gain skills or education post-divorce. As more spouses seek career advancement opportunities, courts prioritize support structures that empower financial self-sufficiency over prolonged dependency. Furthermore, local legal professionals in Chesterfield have seen increased case evaluations focusing on equitable distribution of both assets and liabilities, making the role of skilled attorneys, like those at Galmiche Law Firm, P.C., crucial in navigating these complex legal landscapes.
Common Alimony Disputes & Resolutions
Alimony disputes can occur over numerous issues, including the duration of support, amounts, and conditions that might lead to modifications. In Chesterfield, these disputes often arise due to disagreements in perceived earning capacities and contributions during the marriage. For instance, one spouse might argue that non-monetary contributions, such as homemaking or child-rearing, should be weighed heavily in alimony considerations.
Resolutions typically involve mediation where both parties, along with their attorneys, negotiate terms that reflect an equitable distribution of resources. At times, collaboration between legal representatives plays a pivotal role in achieving a fair outcome. Litigation may become necessary if agreements cannot be reached through negotiation or mediation, emphasizing the importance of having competent legal counsel like Galmiche Law Firm, P.C. to advocate effectively on your behalf. Concerns specific to local cost-of-living adjustments and economic circumstances also inform court decisions, ensuring fairness and comprehensiveness in every resolution.
-
"He was very efficient and cost conscious."H.R.
-
"This is the team to go with!!"J.S.
-
Great communication.
S.P.
Missouri Modifications to Maintenance Orders
Subsequent to the divorce judgment, a party can file a motion to modify the prior maintenance order unless the prior maintenance order is non-modifiable. The party filing the motion to modify must prove to the court that since the date the prior judgment was entered there has been a change in circumstances so substantial and continuing as to make the terms of the prior judgment unreasonable. The loss of the paying spouse’s job or the illness of either party resulting in the permanent loss of income may be some of the many possible changes in circumstances.
It's important to understand that modifications are not granted lightly. The court's primary focus will be whether the change in circumstances could not have been reasonably anticipated at the time the original judgment was made. Circumstantial evidence, such as a consistent decrease in earnings or an unexpected major expense, can support a request for modification. Legal guidance is crucial in presenting a convincing case.
Enforcing Alimony Payments in Chesterfield, MO
In Missouri, if a husband (or an ex-spouse) refuses to pay court-ordered alimony, serious legal consequences can follow.
If your husband refuses to pay alimony, here are the potential steps and consequences:
- Legal Action: The recipient spouse can file a formal complaint with the court, detailing the non-payment of alimony. The court will then set a date for a hearing to address the matter.
- Court Hearing: During the hearing, both parties will present their arguments. The court will evaluate the circumstances and reasons for non-payment.
- Enforcement Measures: If the court finds that the husband is willfully refusing to pay alimony, they may order various enforcement measures, such as wage garnishment, seizing bank accounts, placing liens on property, or even contempt of court.
- Contempt of Court: Willful non-payment can lead to contempt of court, which can result in fines, penalties, or even imprisonment.
- Modification of Alimony: If the husband is facing genuine financial hardship, they can petition the court for a modification of alimony based on changed circumstances, such as a significant decrease in income.
To avoid complications, both parties should actively communicate and document any changes in financial circumstances. This documentation can serve as valuable evidence in court proceedings. Moreover, working with a skilled Chesterfield spousal support attorney can streamline the enforcement or modification process, ensuring compliance with legal requirements and helping maintain focus on equitable solutions.
Seek Guidance from a Chesterfield Alimony Attorney
Maintenance can be one of the most vigorously contested parts of a divorce proceeding. Judges have some discretion in deciding whether to enter a maintenance order or the amount of maintenance, and either party can contest the other party’s request for or against maintenance. A maintenance order has the potential to carry repercussions that can last for years.
Therefore, it is in a party’s best interest to retain an experienced, assertive Chesterfield spousal maintenance attorney to assist them in pursuing a favorable outcome. Galmiche Law Firm, P.C. has assisted many clients in pursuing favorable results for maintenance, and we can help in your divorce as well.
Frequently Asked Questions About Chesterfield Alimony & Spousal Support
How Does Cohabitation Affect Alimony in Missouri?
In Missouri, cohabitation can have significant implications on alimony arrangements. If the receiving spouse enters into a supportive relationship with someone else, this could be grounds for the paying spouse to request a termination or reduction of alimony. Courts evaluate the extent and nature of the relationship to determine if it impacts the financial need of the receiving spouse. Cohabitation that resembles marriage in economic interdependence, such as sharing bills and combined finances, might compel the court to reconsider the necessity of continued support. However, casual or non-financially entwined relationships are less likely to affect alimony. Legal advice from a knowledgeable Chesterfield alimony attorney can provide clarity on how cohabitation may impact individual circumstances.
Is Retroactive Alimony an Option?
While retroactive alimony is generally not available in Missouri, courts might consider awarding past support in instances where financial discrepancies or undue delays in resolving divorce settlements occur. This usually pertains to cases where a spouse faced significant financial burden relying on their income alone. Nevertheless, these situations require thorough documentation, and such claims must be well-substantiated. The court assesses the exact financial need and any mitigating factors that justify reimbursement for prior support obligations. Engaging a Chesterfield spousal support lawyer can aid in determining the viability of pursuing retroactive compensation and navigating the complexities linked with it, ensuring that any pursued claims align with Missouri's legal standards.
What Is the Importance of Financial Disclosure in Alimony Proceedings?
Accurate financial disclosure is critical in alimony proceedings. Both parties are required to provide comprehensive information about their income, assets, debts, and other financial commitments. This transparency ensures that any ruling on spousal support reflects the true financial status of each party. Incomplete or inaccurate disclosures can lead to erroneous judgments that could disadvantage one party significantly. Moreover, failure to disclose pertinent financial information can result in legal penalties, including sanctions or modification of previously judged support orders. Spousal support attorneys in Chesterfield, like those at Galmiche Law Firm, P.C., offer guidance through these proceedings, stressing the importance of forthright financial reporting.
Why Might Spousal Support Be Temporarily Increased?
Temporary increases in spousal support might be warranted due to unforeseen hardships or emergent needs faced by the receiving spouse. For example, unexpected medical expenses or a temporary loss of employment may necessitate additional financial support until stability is regained. Planning for such contingencies ensures both parties are prepared for potential adjustments. Legal representatives can assist in filing for temporary increases by showcasing justifiable reasons and presenting requisite documentation. Collaboration with compassionate legal professionals, like those at Galmiche Law Firm, P.C., ensures that necessary changes to support agreements are addressed efficiently, reflecting both the short-term needs and longer-term legal obligations of each spouse.
How Does a Chesterfield Alimony Lawyer Support Negotiations?
Chesterfield alimony lawyers play an integral role in navigating the complexities of spousal support negotiations. Their expertise facilitates a balanced approach to addressing each party's financial standing and needs. By analyzing the particulars of each case, they can advocate successfully for fair negotiations, aiming for amicable resolutions without resorting to prolonged court battles. Lawyers may incorporate mediation, collaborative law techniques, or direct negotiations to reach agreements that align with their client's objectives. In addition, they offer invaluable insights into judicial trends and precedents that might impact the negotiation process. Selecting a competent alimony lawyer within Chesterfield ensures that each client's voice is heard and that optimal legal outcomes are pursued diligently.
Need help with spousal maintenance? Reach out online to our dedicated Chesterfield alimony attorneys or call (636) 552-4841 for assistance!
-
Attentive, One-On-One Legal Services
-
Honest Guidance & Counsel Backed by Years of Experience
-
Complimentary & Confidential Initial Consultations
-
Award-Winning Attorneys Fighting for You
-
40 years of Combined Experience in Family Law & Divorce Matters
Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (636) 552-4841.