Learn more about bankruptcy and domestic support obligations below.

Bankruptcy and Child Support

Overdue child support payments are not debts that can be forgiven. Child support is not a debt that can be escaped when a person files for bankruptcy. If your former spouse is no longer making child support payments, there are several methods to enforce these payments:

• • Garnishing wages
  • Withholding tax refunds
  • Suspension of occupational or business licenses
  • Revoking their driver’s license
  • Seizing property

If your former spouse still fails to make payments, the court may hold your former spouse in contempt of court, which can present significant consequences. If it comes to this, you will likely need the help of a knowledgeable and experienced family law attorney.

Bankruptcy and Alimony

Like child support, debts associated with alimony cannot typically be discharged. Although, there are some exceptions to the rule that may allow an obligor to discharge alimony when filing bankruptcy:

1. If your divorce decree does not explicitly specify that an obligation to a former spouse is alimony, then it may be dischargeable in bankruptcy. Meaning, if the obligation is not actually alimony, it can be discharged. For instance, if your divorce decree says that one spouse must make payments towards a marital debt and that this payment shall be treated as alimony, the spouse may be able to discharge that debt in bankruptcy as it is technically a non-alimony debt.

2. If the alimony is awarded to a third party, alimony may be dischargeable in bankruptcy. If the payments are not directly for the benefit of the spouse, these debts may be forgiven.

Child Support and Alimony and the Automatic Stay

When an individual files for bankruptcy, an automatic stay is put into place. An automatic stay prohibits creditors and collection agencies from collecting payments. All phone calls and letters seeking repayment must stop. However, an automatic stay does not apply to child support nor alimony. This means all future and back child support and alimony payments must still be paid in full, and efforts to collect these payments are still legal.

Contact The Ault Firm

Child support or alimony are not dischargeable debts. If you need assistance and representation getting your former spouse to make their payments or need to modify the terms laid out in your divorce decree, contact The Ault Firm. If you are in Salt Lake City, West Jordan, or the surrounding area and require a knowledgeable lawyer, contact our experienced team of professionals. We strive to protect your rights, keep your best interest in mind, and work tirelessly to put you in the best position to succeed. Contact us today to schedule your case review.

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Continue reading below to learn more about alimony and how much you will receive.

What is Alimony?

According to Utah Courts, alimony, also referred to as spousal support, is “the court-ordered allowance that one party pays to the other party for support.” The idea is for both parties to maintain the same standard of living and lifestyle as they did when they decided to separate.

Who Can Receive Alimony?

Alimony in Utah is gender-neutral. Either party may ask the court for alimony.

How Long Will Alimony Be Ordered?

Alimony can be awarded temporarily (during a separation) or for an extended period once the divorce is finalized. Like all things, there are exceptions to any rule. But, for most cases, according to Utah Courts, “alimony may not be ordered for a period longer than the length of the marriage.”

How Much Alimony Will I Get?

There is no formula when calculating alimony in Utah. Instead, a judge will determine alimony on several factors and other pertinent information and relevant circumstances. The amount of alimony one will receive varies from case to case. First, the courts will determine the couple’s standard of living throughout their marriage. Secondly, the court will consider each of these items:

• The requesting party’s financial situation and their needs
• The amount of education the requesting party has and their earning potential (given their education level, skills, employment history, etc.)
• The other party’s ability to pay alimony
• How long the couple was married
• Which party has custody of the children and whether or not they need support
• If the requesting party has worked for a business owned or managed by the other and
• If the requesting party contributed to an increase in the other party’s income.

The court can also consider these factors:

• Either party’s fault or marital misconduct that led to the separation/divorce
• Both party’s age and their physical, mental, and emotional health
• How long the requesting party has been out of the workforce and
• Any other relevant factors.

If the divorcing couple would like to control the alimony order, terms will be negotiated in a settlement agreement and presented to a judge for approval.

When Does Alimony End?

The obligation to pay alimony automatically terminates when the recipient remarries or dies. If the recipient starts living with a new partner and cohabitation can be proved to the courts, alimony will be terminated.

Contact Ault Firm Today

Family Law in the state of Utah can be complicated. The team of attorneys at Ault Firm is here to help you navigate through the complicated legal process. We are dedicated and committed to protecting your rights and your best interest. If you are facing a divorce, call on the attorneys at Ault Firm today.

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Alimony is the support and maintenance of a former spouse, either by lump sum or continuingly. The supporting spouse pays this payment to the dependent spouse. In general, a spouse is dependent when he or she makes less money than the other spouse. 

When two parents are no longer living together, child support, a form of support payment, is required. Both parents need to support their children so that those children do not become wards of the state and so they are not dependent upon state-run welfare or support programs. 

Misconceptions About Women Paying Alimony 

Because of television and movies, people are under the impression that men are the only ones who pay alimony. Women have been paying alimony since 1979 when the U.S Supreme Court ruled in a landmark decision that alimony should be gender-neutral. Another misconception about alimony is that men always have to pay it because they are the primary earners in a household. This myth could not be further from the truth, as more women are climbing up the workplace ladder. 

According to the Bureau of Labor and Statistics, 28% of American women now earn more than their husbands. Furthermore, there are now 1.9 million stay-at-home dads, which has risen drastically since the 1970s. Men who were too scared to ask for alimony because of societal gender roles are no longer afraid to seek help. According to the last census in 2010, 3% of all alimony recipients were men, but that number has increased in the last decade. 

Misconceptions About Women Paying Child Support

In the past, there were misconceptions that mothers always got full custody of their children and that fathers always had to pay child support. Times have certainly changed, and men today don’t always end up paying child support. This is especially the case if the father has primary custody of the minor children, and if they were not the breadwinners of the house. In some marriages, the woman works and brings home an income while the man stays home with the children.

If a woman is not a child’s primary custodial parent, she will be ordered to pay child support. Just like alimony, women paying child support has become a trend, with divorce lawyers seeing an increase in mothers who are ordered to pay child support. 

Understanding how alimony and divorce can impact your financial future is difficult because it depends on your state’s laws. If you’re a resident of Utah who lives in the Salt Lake City area and needs an experienced divorce attorney, contact The Ault Firm today. 

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Types of Alimony

There are several types of alimony you may have to pay. The first type of alimony is temporary alimony. This alimony is usually given in the early stages until everything in the divorce is finalized. Lump sum alimony is the second form of alimony. Alimony will have to be paid all at once instead of monthly payments. The third type is permanent alimony. This is typical form of alimony that is paid monthly. It’s for longer marriages. Rehabilitative alimony is another form. This is typically given when a spouse has sacrificed their professional career or education during the marriage.

How does the court determine it?

When determining alimony, the court basis it off of the standard of living you and your former spouse had as a married couple. The payer of alimony typically won’t have to pay more than the amount needed for meeting that standard of living. If an ex-spouse has custody of minor children who still need support, the court will look at that as well. They look at the potential recipient’s ability to earn an income. For example, if an ex-spouse is disabled and can’t work then they may receive alimony. As mentioned previously, the length of the marriage is also essential in determining alimony. The court also looks at if an ex-spouse did something that caused the breakup of the marriage. For example if an ex-spouse cheated causing the marriage to end, then they may be required to pay alimony.

How long will you have to pay?

Alimony typically doesn’t last forever. Just as child support doesn’t last forever and ends when the child(ren) turn 18. You should know the situations in which you no longer have to pay alimony. The judge can determine a set date for alimony to end. This is typically for a few years. If the former spouse remarries, then you no longer have to pay alimony. If your ex-spouse dies, then you no longer have to pay alimony. If there are children involved and they no longer require a full-time parent at home, then you not need to pay anymore alimony. If the judge finds that the other spouse hasn’t put forth the effort to be self-supporting, then the judge can cancel alimony payments. For example, the recipient relies only on the alimony payments and doesn’t put forth the effort to get a job. Alimony payments can end when there is another significant event that occurs or the court simply orders it to end.

The amount you have to pay in alimony may be completely unfair to you. Or you may be on the other end, you aren’t receiving enough alimony. Salt Lake City alimony lawyer Christopher M. Ault at The Ault Firm is available to help protect your money or get you the compensation you deserve. He is an expert in all divorce law including alimony. Contact him at 801-539-9000 for a free consultation or fill out this form.

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How do you qualify?

Qualification for receiving alimony is not random. When and if the court decides that one spouse deserves alimony, it is based upon many different factors. One factor is the potential recipient’s earning potential or their ability to make an earning. For example, if the potential recipient has disability which prevents them from working or they have a lack of education preventing them from making a certain earning, then they may receive alimony. The court also looks at if the potential recipient would be able to have gainful employment. This is where consistent work is given and payment is received from the employer. For example, if the potential recipient’s work is only seasonal, then they may be qualified to receive alimony. The court also take in account the length of the marriage. The longer the marriage the stronger the case for alimony will be. The court also takes in account if the potential recipient has custody of minors that will will have to support. The court doesn’t only look at the condition of the potential recipient, the court also looks at the condition of the potential payer. They look at their ability to provide support. The court mainly looks at the financial condition and needs of the potential recipient after the divorce. For example, if the potential recipient may go bankrupt after the divorce due to less financial stability, then i t may be a ground for them to receive alimony.

Divorce alone can take a tremendous toll on you. You and your former spouse now have completely different lives. Now that you have to pay alimony, there’s even more pressure and stress on you. There are several types of alimony you may have to pay. The first being temporary alimony. This is typically awarded in the early stages until everything in the divorce is finalized. The second being lump sum alimony. This means alimony wouldn’t have to be paid monthly but all at once. The third type is permanent alimony. This is typical for longer marriages. The last type of alimony is rehabilitative alimony. This is typically given when a spouse has sacrificed their professional career or education. Sometimes alimony is quoted as a price that is truly unfair to you. Or you’re not alloted as much alimony as you need.

Salt Lake City alimony attorney Christopher M. Ault at The Ault Firm is available to help protect your money or get you the compensation you deserve. Contact him at 801-539-9000 for a free consultation or fill out this form.

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There are many things that affect alimony payments and we want you to be aware of some of them before the process starts. First, it is important to know that alimony will be discussed after the two spouses’ property rights are settled by the court. That way, the judge will know where the assets lie as well as the debt assumption of both parties.

Does Divorce Always Mean Alimony?

No, divorce does not always mean a spouse will end up paying alimony. If the standard of living is not going to be changed for either party after the divorce, it may be the case that alimony won’t be paid at all. Also, if paying alimony would mean that the paying spouse would no longer be self-supporting, the court may not require payments.

Some Factors

There are many factors a judge will take into account when deciding alimony for a spouse. The judge will look at the standard of living enjoyed at the time of separation and determine if that standard of living will be possible to the spouse that is trying to get alimony. A judge will look at the recipient spouse’s circumstances, such as financial resources, earning capacity, and current needs. The judge will evaluate the payor spouse’s ability to pay. The length of the marriage will be examined, as well as child custody arrangements, if there are any.

Alimony Increase

Can alimony payments go up? Yes, sometimes they can. If the spouse providing alimony marries someone that increases their income and standard of living, the person receiving alimony can petition the court for an increase. This will especially be taken into consideration if the circumstances for the divorce, such as cheating by the spouse providing alimony. Since there was an element of improper conduct, a judge would grant an increase in the amount they have to pay.

Alimony Termination

Usually, alimony payments will be terminated if the recipient spouse gets remarried. If they don’t get remarried, often alimony will last as many years as the marriage lasted. If a recipient spouse does not get remarried, but moves in with a partner, the payor spouse can petition the court to terminate payments. Again, the judge has discretion when setting time and amount limits.

Alimony will also be terminated if either spouse passes away.

What To Do

If you find yourself in a situation where alimony is an issue, you may need an alimony attorney in Salt Lake City. The Ault Firm can help you navigate the waters of the alimony process and ensure that the best settlement is reached. You can contact us by clicking here or calling 801-539-9000.

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Alimony is designed to help the spouse that has less in income or income-producing assets get back on their feet after a divorce. Your Salt Lake City family law attorney will be able to take a look at your situation and determine whether requesting alimony is a good idea for you.

Criteria to Receive Alimony
The court will consider many factors to determine whether an award of alimony is appropriate. These include:

• Each spouse’s monthly debt obligations
• General ability to pay monthly expenses
• The ability to produce income in the future
• The capability of the paying spouse to provide support
• Length of the marriage
• Whether the spouse has custody of any minor children
• Whether the couple worked for a family company or if the couple owned part of a business together
• Whether one spouse paid for or contributed to the education of the other spouse

The judge will generally focus on the couple’s finances, but additional, non-monetary considerations may be important as well. For example, the court can consider each party’s relative “fault” for the ending of the marriage. These things may include:

• Whether one spouse cheated on the other
• Whether one spouse caused physical, emotional, or mental harm to the spouse or any minor children
• Whether one spouse threatened injury to the other spouse or minor children
• Whether the spouse took steps to ensure that the other spouse would not be financially stable (to decrease the likelihood of divorce or otherwise)

How Alimony is Calculated

The court will consider the couple’s standard of living to determine what the appropriate amount of alimony should be. Generally, this is measured at the time of the separation, but in short marriages, it may be based on the standard of living when the union began. The goal is to equalize the spouse’s relative standard of living.

Unlike child support, there is no schedule or set amount to determine how much alimony should be awarded, but there is a general calculation that the Court will use after reviewing each spouse’s income and debt obligations.

The Duration of Alimony in Utah

As a rule, alimony in Utah will last only as long as the marriage lasted. There are exceptions to this general rule, however. Your Salt Lake City family law attorney will be able to walk you through circumstances that might warrant longer or shorter alimony periods.

Payments will terminate when the receiving spouse remarries or when either spouse passes away. In some situations, the party providing alimony may also be able to ask the court to stop or reduce maintenance payments when the receiving spouse moves in with a new partner.

Alimony may also be increased if the providing party gets married as well. However, these circumstances will often involve some level of underlying impropriety, such as where a spouse who was unfaithful marries the individual with whom he or she was having a relationship.

If you are considering divorce but are concerned about finances, alimony might be a good way to deal with those worries. The Ault Firm, P.C can help with these issues—call today to set up an appointment with Salt Lake City family law attorney, Christopher M. Ault: 801-539-9000.

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Ending a marriage is not only a heartbreaking experience but also a daunting experience from the legal perspective. The divorcing process can even become a nerve-wracking experience if you have children and/or your personal assets have to be divided.

Going through a divorce alone without seeking the legal advice can cost you your money, home, and even kids.

Moreover, you may not be able to continue the standard of living you had during the marriage and will have to scrimp and live in squalid conditions.

If you happen to be going through a divorce: first of all, stay strong; second of all, let us help you. Our Salt Lake City divorce attorneys have prepared a guide to help you understand whether or not you’re entitled to spousal support (alimony) in Utah.

Spousal support determination in Salt Lake City

The first thing you need to understand about spousal support is that not every former spouse is entitled to receive alimony.

So, what makes you eligible for spousal support in Salt Lake City?

• your marriage must be valid before you receive alimony
• you can prove in court that you’re unable to meet your needs without the financial support from your former spouse
• you have documented evidence of abandoning a career to devote yourself to family
• you need your former spouse to support you financially while developing job skills to be able to support yourself on your own.

This is a non-exhaustive list of requirements to be entitled to spousal support in Salt Lake City. Find out if you’re eligible for alimony in your particular circumstances by consulting our experienced divorce lawyers at The Ault Firm.

Call our firm at 801-539-9000 or fill out this contact form to get a free initial consultation.

How much money can you get in spousal support?

The amount of alimony is determined by courts that have broad discretion. While child support has very specific guidelines on how much money should be provided in monthly child support, determining the amount of spousal support can be tricky.

Courts usually take into consideration the following factors when determining how much money you can get in spousal support in Salt Lake City or anywhere else in Utah:

• your age, health conditions and emotional state
• the wealth of your former spouse
• the set number of months or years you’d need for education or training to develop necessary job skills
• your standard of living during the marriage and its length
• whether or not your spouse would be able to support himself or herself while also paying alimony to you.

Spousal support can be either temporary – if you need some time to develop job skills or finish education – or permanent, if you may never be able to support yourself financially due to age, health conditions or disability.

Given that in order to get the most favorable spousal support deal you need to provide a lot of evidence in court (medical records, financial records, your previous jobs and education, your standard of living during marriage, your former spouse’s financial condition, etc.), it’s vital to hire a divorce attorney in Salt Lake City to maximize the amount of alimony.

Over the years, our team of experienced divorce lawyers has represented both women and men to navigate them through the legal process and win settlements, verdicts, spousal support and child support deals in their best interests.

Call our Salt Lake City offices at 801-539-9000 today. We won’t let your divorce ruin your life.

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What Is Alimony and Why is it Important?

Alimony is a legal remedy designed to help a financially weaker spouse get back on their feet and maintain the same level of lifestyle they had during the marriage. In addition to being a multi-millionaire professional athlete, Taylor also had significant amounts of assets in securities account worth $2 million along with Seaside Bank CDs worth $600,000, at least $1.5 million in real estate holdings, $1.5 million worth of cars and boats and $1.3 million in a retirement account. According to the lawsuit, Taylor was ordered to pay his wife a lump sum alimony payment of $8.67 million. He is currently short $3.4 million and has not complied with any requests.

What Are the Consequences of Failing to Pay Alimony?

Although Jason Taylor is a wealthy former athlete, he is not above the law. Spousal support is an important issue taken very seriously by family courts. Those who fail to pay alimony could face criminal or civil charges for contempt of court, which means they have violated a court order. Different states have different laws and statutes concerning spousal support and family law. In Utah, the recipient spouse can file a modifying court order. Failure to comply can result in jail time.

A Salt Lake City Alimony Attorney Can Help

When a former spouse refuses to honor their divorce settlement, it can become a huge problem. But there are solutions. The first important step is to seek representation from an experienced an knowledgeable Salt Lake City alimony attorney with a track record of placing clients in the best position to succeed. Not only can an attorney explain and protect your legal rights, they can also help client effectively navigate through the legal process. Alimony is one of the most common reasons for divorce modifications. In some cases, the paying spouse may have experienced the loss of a job or has fallen on tough financial times. In many of these cases, they can also request a court order to make changes to the divorce settlement.

Contact Salt Lake City Law Offices of The Ault Firm, PC For a Free Initial Consultation

Not everybody honors their divorce decree. Unfortunately, many alimony recipients feel powerless. But failing to take any action is the worst thing you can do. The best solution is to contact a Salt Lake City alimony attorney with a track record of protecting the rights of each client and always looking after their best interest. Attorney Christopher M. Ault understands the obstacles and challenges facing many of his clients. He and his experienced legal staff work diligently in the courtroom and behind the scenes to ensure each client is placed in the best position to succeed. To learn more, contact the Salt Lake City family law office of The Ault Firm, PC and schedule a free initial consultation to discuss your case.

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