How Does A Judge Make A Decision On Spousal Support in Kentucky?
Are you or your spouse seeking spousal support? Are you wondering how much spousal support you will receive or how much spousal support you will have to pay? The issue of spousal support can be a highly contested issue in a divorce or legal separation case. Your financial future can depend on how well you present your case to a judge.
In a spousal support case, you need effective legal counsel to represent your interests both inside and outside of the courtroom. The family law attorneys of Musselwhite Meinhart & Staples, PSC have extensive experience representing parties in spousal support disputes. We conduct extensive investigations into all relevant factors to ensure that the amount of alimony awarded is fair and just.
How is Spousal Support Determined?
One purpose of spousal support is to ensure that both spouses have a financial condition that is as similar as possible to their standard of living during the marriage. In some cases, this is easier to achieve than in other cases. Spousal support is designed to assist a financially dependent spouse support himself or herself after a divorce. Regardless of the circumstances, courts try to be as fair and as reasonable as possible when making decisions regarding spousal support.
Unlike Kentucky child support guidelines, spousal support is not guaranteed. It is only granted if the party requesting spousal support lacks the resources to provide for his or her needs and is unable to gain employment to provide for himself or herself. In the event the requesting party is the custodial parent, spousal support may be granted if the parent must stay at home to care for the child because of special conditions or circumstances.
When judges consider the issue of spousal support, they use several factors in determining the term and amount of support. Even though this is in the judge’s discretion, Kentucky Revised Statute 403.200 sets forth the factors that a judge should consider when deciding alimony. Those factors are:
- The financial resources of the party seeking spousal support including assets and any child support that includes a custodial sum;
- Whether the party needs to seek additional education or training to obtain employment and the amount of time needed to do so;
- The standard of living during the marriage;
- The length of the marriage;
- The age, physical condition, and emotional condition of the parties; and,
- The ability of the party paying spousal support to provide for his or her needs while paying the support payments.
Contact an Experienced Radcliff and Elizabethtown Family Law Attorney
We’ve Helped Thousands of KY Families, we can help you!
The family law lawyers of Musselwhite Meinhart & Staples, PSC have over 50 years of combined legal experience. Dealing with spousal support issues can be emotional and frustrating. Our attorneys are here to help you deal with this sensitive family law issue.
We represent clients throughout central Kentucky. Contact us at our Radcliff and Elizabethtown Office in Hardin County at (270) 351-6032 or toll-free at 1-800-754-HELP to schedule a free consultation with one of our attorneys. You may also contact our office through our convenient online contact form.