Courts grant spousal support to ensure that divorced couples maintain a similar standard of living. Without spousal support, many divorcees would be left readily unable to earn an income. Spousal support prevents such a public dilemma by requiring the former spouse to provide support, allowing the other spouse time to gain job skills if practical.
A request for spousal support is made on divorce forms submitted to the court which may order spousal support in a divorce or separation. Both the amount paid and the term depend on a list of factors considered by the judge:
- Length of the marriage;
- Earning capacity;
- The standard of living during the marriage (based on monthly expenses);
- Whether there are dependent children of the marriage;
- And other relevant considerations.
Spousal support sometimes is modified long after the divorce due to a change in circumstances. For example, if the payor’s income increases or decreases. Generally marriages of long duration require spousal support of considerable time, sometimes for life. Each situation is different and it is often difficult to predict how much spousal support you will have to pay or receive.
Spousal support is usually considered taxable income to the recipient and deductible to the payor, unless agreed otherwise.
HOW TO ENFORCE SPOUSAL SUPPORT
Earnings and Assignment Order
- More commonly known as wage assignment, this method of enforcement is directed from the court to your spouse’s employer and is available for both child and spousal support. For spousal support use FL-435. The amount able to be garnished for your support depends on a number of factors but is a considerable percentage of the payor’s disposable earnings.
Writ of Execution
- This method uses form EJ-130 which directs to the sheriff to seize property. Certain property is exempt and cannot be had through the writ. This method is usually used to obtain support when wage garnishing fails.
Contempt of Court
- A person who willfully disobeys a lawful court order may be found in contempt of court and may face monetary penalties or imprisonment. In order to be found in contempt the person must have knowledge of the order and ability to comply. Thus, if you did not pay support because you had no ability to do so, then you cannot be sent to jail. Contempt proceedings require FL-410.
