Am I Entitled To Spousal Support?

alimonyQuestion

How do I know if I am entitled to spousal support?

Answer:

While I am not licensed to practice law in Ohio and am unable to give you legal advice, I can give you some general observations on this issue based on the jurisdiction where I practice.

Where I do practice in Virginia, spousal support is based on several factors including the relative need of the parties and the standard of living established during the marriage. That being said, the court generally will not award spousal support when the parties’ relative income is close to equal.

Virginia Divorce Attorney Charles Hatley
Virginia Divorce Attorney Charles Hatley

To determine the income of a party that is self-employed the court will first ask you how much you make, while under oath. If you lie about your income the court can take very serious action against you. The court can then ask you to produce bank records and calculate income based on all your deposits. Finally, if the court is still unable to ascertain how much you make, the Judge may impute income to you. Meaning, that the Judge will decide how much you should make and then use that figure to calculate spousal support and child support.

Questions regarding support and income determination require a specialized knowledge of local law. For these reasons I would suggest you contact an attorney who specializes in family law matters in your jurisdiction.

Remember, I am unable to provide you with anything more than tips on these matters, so please contact an attorney in your jurisdiction to obtain specific advice as to the laws of your state and how they impact your case.

To arrange an initial consultation to discuss child custody rights for men with a Cordell & Cordell attorney, including Virginia divorce lawyer Charles D. Hatley, contact Cordell & Cordell.

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One comment on “Am I Entitled To Spousal Support?

    In the past had a girlfriend. We were never married only together had four children. Two I am sure of being the biological father. The other two I’m not sure of because our relationship was on and off. I am presently not paying child support but also the court or that other party also filing for spousal support. Can they actually file for spousal support even if we were never married. And can she also file even without a marriage certificate. Because there is no marriage certificate we were never married. Thank you can you please help me with this answer

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