Spousal Support Attorney in Albuquerque
While ending your marriage may be a necessary step to take, the process of divorce can be ugly and unsettling. It’s important, throughout the process, to remain focused on your goal: a fair agreement in which both parties can move forward towards a positive future.
As you begin the divorce process, it’s important to find the right family law practice in Albuquerque. The last thing you want is to find yourself in a bind that leaves you struggling and seeking options that may no longer be available.
When considering the assistance of a spousal support attorney, there are a few key things you should keep in mind as you move forward through the legal process.
Divorce in New Mexico
Divorces range from amicable to adversarial. In the same way that the dynamics of each marriage are unique, the atmosphere surrounding a divorce depends on the two people separating. The amiability of your divorce may have an impact on your ability to receive alimony.
Even if a divorce is uncontested, it may still be subject to disputes involving various aspects of the partnership and assets. If you have an adversarial relationship with your spouse—even if it is through no fault of your own—you may find yourself in the New Mexico courts during your divorce. Although no one wants to endure lengthy court proceedings, the role of the courts is to provide a safety net so that the proceedings can be as fair as possible. Depending on your circumstances, your proceedings may involve questions of alimony.
If you are planning to file for a divorce or are currently going through a divorce in Albuquerque, it is important that you explore your options for spousal support, otherwise known as alimony. When alimony is granted through a divorce court, they are granting the spouse a set period of time and amount of money that they receive from the more financially-stable spouse. This is done so that the dependent spouse is not left trying to move forward with their lives following the divorce while also struggling financially because their financial stability has completely disappeared.
If you are planning to go through a divorce, or are currently in one, and would like to speak with a family lawyer in Albuquerque about your options, contact us today to schedule an initial consultation. We will walk you through your rights as either the dependent spouse or head of household to ensure that you are paying or receiving fair alimony amounts for a reasonable time. Book your consultation now, and read more about alimony below.
How Long Does Alimony Last?
There is no set amount of time for an alimony agreement. The court will determine a reasonable amount of time, or you and your spouse can work together through an uncontested divorce to find a length of alimony you each find to be fair. If you are able to reach an agreement outside of the courts, it will save you each a lot of time and money. We will work with you to reach an agreement before a trial.
How Much Is An Alimony Payment?
Much like the length of time that an alimony agreement lasts, the alimony amounts are entirely specific to your marriage, financial situation, and what is fair and reasonable following your divorce. Alimony is not punitive, and the court must see that it is a justifiable amount before signing off on your divorce. Through an uncontested divorce, having a family lawyer present through your alimony discussions is extremely helpful to ensure that you are given a fair deal.
Who Gets Alimony?
Alimony is not guaranteed in all divorces, but there are many situations where a court (or each spouse, regardless of court involvement), will agree that these payments are well-warranted. In many marriages, there is one spouse who makes the majority of the collective income, which renders the other spouse dependant on at least a portion of their income.
In the state of New Mexico, divorcing spouses commonly request the provision of alimony. Alimony may fall under three different subcategories:
- Long-term alimony
- Transitional alimony
- Rehabilitative alimony
Long-term alimony is rarely awarded and depends on a couple of factors: the length of the marriage and the substantial sacrifices one spouse may have made for the other (abandoning education or other opportunities to take care of children, etc.). Long-term alimony is often something reserved for marriages that have lasted decades.
Transitional and rehabilitative alimony are a bit more common. These provisions are designed to help a spouse transition into a new life post-divorce. These forms of alimony help enable a person to begin financially supporting themselves after the legal and financial split, and may be used for education or other expenses.
Before beginning to explore alimony options, it’s important to consider the position of both spouses: Does one spouse have the ability to pay? How much? Can the other spouse prove the need for alimony funds? Alimony-related legal matters can become complicated; this is one of the reasons it’s important to hire a competent and experienced Albuquerque divorce law team.
Child Support and Placement
Child support is a provision in which one parent pays a regular, set amount to the other parent to help support the wellbeing of their mutual children. Typically, the parent with whom the children primarily live receives the money, and the parent who does not have primary custody makes the payments.
How much will a parent have to pay in child support? It depends on several factors. The amount of child support payments is determined in accordance with financial earnings. There are also other considerations that come into play, such as the following:
- Personal expenses for other necessities such as clothing, school supplies, etc.
- The amount of time the children spend in the custody of the parent who is making the payments.
A child support amount is assigned on a case-by-case basis. No matter your role in child support proceedings, hiring the right legal team is imperative. Proper legal representation can mean the difference between a fair child support responsibility or one that could lead to financial ruin. You must make sure that child support is not mis-assigned due to misleading information or the inability to defend yourself in court.
The age of the child also has a significant factor in child support court proceedings. In Albuquerque, children who are 14 or older possess a different kind of legal say in the matter.
Spousal Support in Albuquerque
In the Albuquerque, New Mexico-area courts, retaining the services of an experienced divorce lawyer can mean the difference between a favorable outcome or falling on difficult financial times. Spousal support may be an important factor in a complicated process of divorce proceedings. Luckily, you don’t have to do it alone.
It’s important to seek out a divorce agreement that both parties can accept. The proper representation from a professional New Mexico family law attorney can help prevent heartbreaking results that cause one’s life to feel out of control. Please visit our Spousal Support FAQs for more information. If you are in a dispute over spousal support in Albuquerque, contact our office to discuss your legal options.