I owe the IRS a large sum of money, and now my wife is requesting an amount of alimony that would leave me penniless.
Can I adjust this alimony request down and win in court if I can prove that my monthly IRS payments combined with alimony would make it nearly impossible for me to pay even the most basic of bills?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Maryland divorce and alimony laws where I am licensed to practice.
In most states, the court evaluates a number of factors when determining if spousal support should be awarded and, if so, the amount and duration of alimony. The factors considered by the court may include:
1. The obligations, needs and financial resources of the parties, including but not limited to income from all pension, profit sharing or retirement plans, of whatever nature;
2. The standard of living established during the marriage;
3. The duration of the marriage;
4. The age and physical and mental condition of the parties and any special circumstances of the family;
5. The extent to which the age, physical or mental condition or special circumstances of any child of the parties would make it appropriate that a party not seek employment outside of the home;
6. The contributions, monetary and nonmonetary, of each party to the well-being of the family;
7. The property interests of the parties, both real and personal, tangible and intangible;
8. The provisions made with regard to the marital property;
9. The earning capacity, including the skills, education and training of the parties and the present employment opportunities for persons possessing such earning capacity;
10. The opportunity for, ability of, and the time and costs involved for a party to acquire the appropriate education, training and employment to obtain the skills needed to enhance his or her earning ability;
11. The decisions regarding employment, career, economics, education and parenting arrangements made by the parties during the marriage and their effect on present and future earning potential, including the length of time one or both of the parties have been absent from the job market;
12. The extent to which either party has contributed to the attainment of education, training, career position or profession of the other party; and
13. Such other factors, including the tax consequences to each party, as are necessary to consider the equities between the parties.
At a hearing before the court, you should clearly lay out your financial circumstances through your testimony and documentation.
The judge will most likely consider your financial obligations, including the IRS debt and the payments you are making to reduce this debt, in fashioning an award of spousal support, if any.
Well-documented evidence of your expenses and liabilities will likely be a major consideration for the court in considering your spouse’s request for alimony.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.
Cordell & Cordell has men’s divorce lawyers located nationwide. To schedule an appointment with a divorce attorney, including Maryland Divorce Lawyer Sara L. Schwartzman, please contact Cordell & Cordell.