Fam Law Ch 5
Card Set Information
Fam Law Ch 5
Family Law Chapter 5
The sum of money, or other property paid by a former spouse to the other former spouse for financial support
What is Alimony called in Indiana?
a mensa et thoro?
Divorce from bed & board
Similar to legal separation (marriage was not severed but they could live apart)
Husband had the duty to support the wife while she lost property rights.
Why was alimony created?
Women had no rights and needed support
Women only received alimony if she was the innocent spouse.
Idea meant to punish the husband
Indiana maintence circumstances?
: Spouse lacks sifficient property and has a need.
: Spouse takes care of a child w/ incapacities
: Spouse lacks education/work and needs support to gain new skills (only up to 3yrs)
Types of Alimony?
Pendent Lite Alimony?
Occurs when a divorce action is pending, a spouse may petition the court for temp. support.
Specified periodic payments for an indefinite period of time (NOT PERMANET)
Generally terminated on the death of either spouse, remarriage of the recipient, court ordered.
Meant to provide spouses with some measure of predictability concerning their present and future needs.
Encourgaes recipient to find employment or training.
Small payment meant to allow the spouse the right to alimony.
Purpose is to compensate a spouse for contributions to the other's education or career development.
Can you wave alimony?
Yes but you can't change your mind.
Yes but you must prove a substantial change of circumstances since the first order.
What terminates alimony?
Is alimony taxable?
Yep but only for the payor.
Tips for paying alimony?
Never pay cash
Keep records of payment
Consider the readjustment of lifestyle.
The court balances the need vs. what the party can pay