Divorce Guide

Divorce Guide

Hawaii Divorce Support

Like all other states in United States, in Hawaii as well the court is ultimate authority to pass judgment on the issues related to the Hawaii divorce support. Be it spousal support for one of the spouses, child support for rearing child or the distribution of the property between the spouses, the local court is the sole authority and has all the discretionary power to decide on the type and extent of the Hawaii divorce support. Financial condition and living standard and so many other aspects are considered by the court while deciding on the Hawaii divorce support. As these factors vary from family to family, the decision of the court regarding the Hawaii divorce support also varies from case to case depending on the circumstances.

HI spousal support

In Hawaii the spousal support is ordered by the court on the basis of the Hawaii Statutes - Title 580 - Chapters: 47. Spousal support in the state is not mandatory but the court can award the support in favor of either of the spouse, if it feels that is necessary. Based on the following aspects the court decides on the nature of the spousal support and the amount of the support.
  • Financial capacity and resources of the spouses.
  • Duration of the marriage.
  • Ages of divorced partners.
  • Physical and mental health of the partners.
  • Standard of living before divorce.
  • Education, vocational training, employment opportunities with the spouses.
  • Marital properties and separate property.
  • Ability to provide spousal support.
HI spousal support

The child support is awarded by the court on the basis of the Hawaii Statutes - Title 580 - Chapters: 47. In Hawaii the child support is calculated using the Percentage of Income formula. In this method the percentage of income of the non custodial parent is calculated as the amount of the child support according to the number of children who need the support. The court can also make provision for support or maintenance and education of an adult child if he or she is physically or mentally incompetent. This can be done either by filing a petition or the court can arrange for the same without a petition.

HI property distribution in divorce

The division of property is done in Hawaii as per the Hawaii Statutes - Title 580 - Chapters: 47. Being an "equitable distribution" state the marital properties are divided between the spouses equitably. The court while dividing the properties considers the contribution of the parties while buying the property, income of the parties, conduct of the parties, and willingness of the parties to let the other spouse use the family house for living. The court also scrutinizes the debt and tax related issues while dividing the properties between the parties.

The court while deciding on the Hawaii divorce support always makes sure that both the parties get equal share of benefits and responsibilities in all the aspects.

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