Last Updated on July 21, 2022 by Journal Fact
If you had the notion that alimony is automatic and is a part of every divorce, you’re wrong. At the same time, alimony isn’t something rare; you often see it in many divorces. Are you planning to file for divorce? Are you thinking of applying for alimony? Or do you think your spouse might request the same? If answered yes, you need to first understand what is alimony and the process in which the judge decides to award it.
What might happen if you suddenly stop making your alimony payments? Is there a way in which you and your spouse can reach an agreement or do you have to let the judge decide matters between you both? Keep reading to know more.
Vital Facts to Know About Alimony
- What do you mean by alimony?
As law firm Broder Orland Murray & DeMattie LLC says, alimony is a kind of pension payment that is given as a duty imposed on parents to ensure their children get a safe and secured livelihood. In the event of a divorce or separation, alimony is a maintenance liability that comprises the duty imposed on the children of one of the spouses.
- Who is obligated to pay alimony?
The spouses are obliged to pay alimony and the ancestors and descendants as well. If minors need alimony, the siblings might have to pay for the required aid and this can even extend to their education.
- What do you mean by food?
Food comprises anything that is required for shelter, sustenance, medical care, and clothing. The foods even include the lessons mentioned by the nutritionist when he is a minor and also during the time when he hasn’t completed his training. Meals also include the costs related to childbirth and pregnancy.
- What amount should be offered as alimony?
There is no basic information about the amount that you need to pay for calculating alimony. Nevertheless, there are several factors that are taken into account for its calculation. The amount of food is directly proportionate to the means or flow of income of the person who gives it and the needs of the person who receives it. Alimony is a yearly calculation and hence it is calculated over a period of 12 months.
- Is it possible to claim the unpaid amounts as alimony?
Yes, certainly, all unpaid amounts can be claimed as alimony. However, you are only allowed to claim payments for the last 3 years. Family law attorneys are of the opinion that the claim for not paying alimony starts off in a friendly manner. But in case both parties are unable to reach an agreement, this initiates the judicial process. One party files a demand for execution addressed to the Court of First Instance.
Therefore, if you’re thinking of filing for divorce to call off your marriage, you should keep in mind all the above-mentioned points on alimony. For more help, you should get in touch with a family law attorney.