Alabama Divorce Support
Divorce support is a closely related and much debated issue in any divorce litigation. The law regarding the divorce support is different from one state to the other. We often find that Alabama divorce support laws are much different from those in other states. Hence the type of support and the extent of the support are essentially dependent on where you live.
Salient features of Al divorce support laws
Spousal support and the child support are considered as divorce support but the division of the property can also come under the same context.
The topic and laws of the Alabama divorce support is detailed in Chapters 2-51, 2-52, and 2-55 of the Code of Alabama, Title 30
- As divorce support is given as per the state law, the local family court of Alabama has complete discretion to award divorce support.
- If you are residing in the state of Alabama and filing a divorce, Alabama divorce support laws will be the basis on which the divorce supports will be awarded to you.
Al Spousal Support or Alimony–
Alabama alimony according to Alabama divorce support laws needs to be paid when one of the spouses tenders request to the court and the other spouse is capable of paying the spousal support. There is no set formula to calculate the alimony and the decision to award the spousal support to one spouse completely rests with the trial court. There are many factors that are considered by the trial court to decide which form of alimony should be awarded and how much alimony needs to be paid by one spouse to the other. They are:
Al Child Support -
- Generally when the income of one of the spouse is not sufficient to meet the expenses to maintain the same living standard, the court might order for spousal support.
- The other spouse or the payer should also be capable of paying the spousal support.
- Other factors including the age and health of the spouses, duration of the marriage, property of the spouses and fault of either of the spouse are also considered by the court while deciding on the spousal support.
While determining child support, Alabama divorce laws follows a formula that is known as the ‘income shares’. To calculate child support the following factors are considered.
Al Division of Property
- Combined gross income of both the parents and the percentage of share of each parent in that gross income.
- Number of children under the age of 19.
- Amount of the health insurance.
- Any pre-existing obligation.
Alabama is an “equitable distribution” state and hence when it comes to property distribution between the spouses residing in Alabama, the law of equitable distribution in divorce is followed by the court. The property that is owned by the spouses during the period of marriage is only considered for equitable distribution.
Thus, Alabama divorce rights ensure that both the partners get justice in the divorce they are seeking. Divorce is indeed a delicate matter with lots of bitterness. Addressing all the features pertaining to such a legal termination of a relationship is hence, imperative. Issues related to property, child and alimony are therefore considered and debated by Alabama divorce courts while awarding the final verdict in the state of Alabama.
- The court ensures that each of the spouses get the equitable share of the property but that not necessarily mean that the division will be equal.
- The division is decided on a case to case basis. The court might divide the jointly held properties as per the equities of the case, or even award the jointly held property to one particular spouse or can order a sell out to divide the properties.
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