Divorce Alimony in Indiana

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After the marital dissolution, both spouses may face a number of issues relating to financial problems and mental disturbances. Previously, the men were supposed to be the breadwinners for the family, while women took care of the home and children. Thus, men were instructed to pay a specific amount to the women after the dissolution of marriage, to accomplish their requirements. Nowadays, the picture has changed drastically. Thus, alimony is expected from a spouse who is financially better off than the other. Divorce alimony in Indiana is referred to by the term "maintenance." The family laws are held as a guidance for finalizing the type and amount of spousal support. Specifically, the Indiana Code Title 31 Article 15 Chapter: 7 is related to the payment of spousal support.

Guidelines for Divorce Alimony in Indiana

Usually, the award for spousal support is determined by a mutual settlement accession between spouses. A couple can go through a mediation and counseling process, to decide the amount of monitory assistance and structure of payment according to their convenience. However, if the partners fail to accede the terms, the matter is to be solved by the court trial. The court takes into account following factors while taking a decision in this regard:

  • The duration and expenditure essential to attain enough education and training to make it possible for the partner to be satisfactorily employed.
  • The earning potential of each partner, inclusive of the following:
    • Educational background
    • Training
    • Employment skills
    • Work experience
    • Duration of absence or presence in the job market.
  • During the marital life, have the responsibilities of homemaking and child care resulted in an interruption in the employment, training or education of the partner?
  • The educational level of both the partners at the moment when they filed for marital dissolution as well as when they were married.

When does a court award Divorce Alimony in Indiana?

There are three basic conditions under which the spousal maintenance order can be issued in this state. These circumstances are as follows-

  • The partner seeking spousal support is the custodian of a child and the mental and / or physical capacity of the child makes it compulsory that the custodian must continue without employment. Especially, when the child is suffering from mental or physical disability, the custodial parent is eligible to obtain the support.
  • The partner requesting maintenance is in dearth of adequate property (inclusive of the marital property allocated to this spouse) to fulfill his/her own requirements. While considering such situation, the property division has to be taken into account by the court.
  • If a spouse is mentally or physically incapacitated to a degree that it is not possible for them to support self materially.

Types of Spousal Maintenance in Indiana

In this state, the spousal support can be made in three types. If a case is pending for years without having any final decision, either of the spouses can request for temporary assistance. Such type of payment will be stopped after the decree is issued by the court. If a spouse has requested post divorce maintenance, it can be either short-term or long-term, depending on the situation.

Termination of Indiana Alimony

  • If a spouse is trying to get education and has an intention of seeking an apt employment. If the court issues the order for monitory assistance in this case, such order will get invalidated from the predetermined period or from the date the spouse has grabbed a job.
  • Let us consider that the court has issued orders of spousal maintenance in any of the following 2 cases:
    • The spouse is mentally or physically incapacitated.
    • The spouse lacks adequate property. Moreover, this spouse has the responsibility of rearing a child who has mental or physical incapacity as a result of which this spouse has to do without employment.
In both these cases, the payment continues till the court issues other orders. Generally, the maintenance stops after the beneficiary dies or remarries.

Modification of Indiana Alimony

The payer should submit a petition in the court to alter or cancel the court order. In this petition, the payer must prove that the circumstances of the divorced spouses have altered considerably since the previous order was issued. The payer must mention that due to these changed circumstances the present maintenance order is unreasonable.

After the date of declaration of spousal support, either spouse is not permitted to demand for modification for a minimum period of 12 months.

If the spouses are acquainted with the family laws and statues, they can present their case by themselves. Otherwise, partners may opt for a legal guidance from lawyers to determine the exact amount of divorce alimony in Indiana.

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