News & Analysis as of

Divorce Support Modification Spouses

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Fox Rothschild LLP

So Alimony Formulas are Sometimes OK?

Fox Rothschild LLP on

Over the years, I have blogged several times on the Appellate Division rejecting a trial court’s use of a formula to calculate alimony as opposed to a fulsome consideration of the statutory alimony factors. I blogged about...more

Dentons

I Don’t Appreciate Your Alleged Depreciation

Dentons on

In Iowa, child and spousal support (alimony) amounts are mainly determined by each party’s income. But income is not the whole story. Parties may deduct certain qualified expenses, resulting in a lower income amount used in...more

Fox Rothschild LLP

Are Your Adult Kids What is Busting Your Budget? An Experian Study Says You are Not Alone.

Fox Rothschild LLP on

We have recently encountered an issue where one former spouse is pursuing a reduction in alimony based upon a significant reduction in commissioned income. In exploring this issue, there is not a great deal of appellate...more

Lowndes

Florida's Alimony Overhaul: New Legislation Changes Modification Standards

Lowndes on

On June 30, 2023, Governor DeSantis signed landmark legislation, which made sweeping changes to Florida’s alimony laws. Similar attempts have failed in prior years, including a veto by DeSantis of the bill’s predecessor in...more

Fox Rothschild LLP

Delay, Waiver & Law of the Case Doctrine

Fox Rothschild LLP on

Deadlines are commonplace in Marital Settlement Agreements negotiated incident to a divorce. In fact, most Orders from the Court contain time-sensitive obligations. But, what happens when someone misses that date or otherwise...more

Burns & Levinson LLP

New Guidance on the Intersection of Alimony and Child Support

Burns & Levinson LLP on

The Massachusetts alimony statute provides that when alimony is set, the court shall exclude from the calculation gross income, which the court has already considered for setting a child support order.  Effectively, this has...more

Fox Rothschild LLP

Superior Court Affirms Concept of Child Support Agreement as Convertible to Alimony.

Fox Rothschild LLP on

Non modifiable child support provisions are infrequent but do come up occasionally when parties are negotiating Property Settlement Agreements. It typically arises when a dependent spouse asserts that a certain level of...more

Stange Law Firm, PC

Do Both Parties Have to Agree to a Modification?

Stange Law Firm, PC on

After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However,...more

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