It’s no secret that divorce is troublesome. Moreover, it is pretty nervous and challenging for any person. Separation takes a reasonably large amount of time, nerves and a splash of emotions.
Often, most people make mistakes in assessing the complexity of divorce, considering it a five-minute affair. However, in most cases, the dissolution of a marriage in court can turn into a complicated, costly financial and lengthy process if holding without qualified legal support.
Divorce formally represents the termination of the marital relationship and the dissolution of the officially registered marriage and is the most destructive problem of the family of the 21st century.
The Divorce Issues
After the divorce, the stumbling block for the former spouses becomes an acute question about the payment of alimony. It becomes common practice. At best, the former spouses manage to develop a peaceful solution to this issue, and sometimes they cannot achieve the desired result through peaceful negotiations, which is quite weighty enough to delay the dissolution of marriage.
Almost half of all divorces are married couples who have minor children. In the best cases, the former spouses manage to agree out of court about the responsibility for their upbringing and material assistance, then about a third of such cases are resolved within the court. And in such cases, family drama, and sometimes the tragedy of the breakup of the family materializes in the form of alimony, which the former spouse or partner (you should pay attention to the fact that this is not always a man) must pay money not only for the maintenance of the child but also the spouse.
How to file for alimony after a divorce? This is a very complex issue that requires careful study. To receive maintenance, it is necessary not only to win the trial of this case but also to file a petition in time.
What Is Alimony?
The alimony is payments that are regularly paid permanently by one spouse to another. It is the court that determines which party should provide monthly support during the trial. The size of such payments should be sufficient to cover basic human needs, such as food, shelter, and clothing. These funds act as financial support for the second party after the divorce, often when one party has an economic dependence on living expenses.
The fact that in Indiana there is no such thing as alimony is stunning for many. In the divorce proceedings, spouses may agree on the payment of maintenance, but the court does not have the right to enforce the alimony forcibly if one of the parties is against (except for some instances).
The Key Features to Get Alimony in Indiana
In fact, from a legal point of view, there is no so-called “alimony” in this state. However, in some instances of divorce and specific situations, the public authority may appoint one of the spouses to provide financial assistance in maintaining the spouse. According to the laws of this state, to be able to receive alimony, it is necessary for the spouses to be legally married.
The payment of alimony can be decided as a joint agreement between the spouses or through the court. After one of the parties applies for maintenance, the court will consider various factors that influence the decision of the court whether to award payments.
All You Need to Know About Spousal Maintenance
In Indiana, it is assumed that after a divorce, each spouse must work to be able to provide for themselves financially after the termination of the marriage. As an exception, there are situations when one of the spouses becomes disabled due to injury or other trauma.
In such a situation, the spouse who can work undertakes to pay the money, the so-called spousal services. Many tend to believe that this is an analogy to all known alimony. Such payments may be deducted from the federal income tax of the spouse who is able-bodied.
What Kinds of Alimony Is Possible to Get?
Under Indiana law, the court may provide both temporary and unlimited alimony payments.
The court may order decisions on the payment of alimony for an unlimited time on the basis that one of the spouses has the physical and mental disability for a long time. Temporary alimony awards are based on consideration of the following factors:
- The financial condition of both parties;
- Information about the education of the spouse and the potential possibilities of earning money;
- The duration of the marriage;
- Professional activities of each spouse;
- The subsistence level of the spouses during the marriage;
- Earnings of both sides.
It is worth paying attention to the fact that collecting the necessary documentation is a difficult task, and gathering information about the income of a spouse makes it all even more difficult.
If the obligated party does not pay the alimony, it can be seized on wages. All payments on maintenance at the federal level in Indiana are recorded at the national level as income of the recipient.
How Long Can Alimony Be Paid?
Alimony payments can continue until the spouse who receives them becomes able to provide for himself/herself. If the agreement does not have a date for its completion, then the payment of alimony will continue until the court decides on the termination of payments.
When the spouse who received child support has acquired enough skills for self-sufficient material support, the court may cancel the payment. According to the Indiana state law base, alimony payments are completed when the spouse who receives them enters into a formal marriage.
How to Apply for Alimony?
Requesting alimony in Indiana is necessary directly during the divorce lawsuit. When submitting a petition for divorce, you must apply for maintenance, because after a divorce, maintenance will not be available. In any case, the process of obtaining alimony is still not natural and in most cases requires professional legal support. It is worth remembering that after filing a petition for divorce, the 60-day period must pass. However, in practice, it may take much longer.
Is It Possible to Get Alimony for Mothers in Indiana?
It is evident that mothers who stay at home and raise a child on their own can face serious financial difficulties. Thus, single mothers may require financial support from the former spouse or father of the child.
Alimony is the real subject of financial support after the dissolution of the marriage. Concerning a similar issue in the state of Indiana, as previously mentioned, the decision on alimony payments and the duration depends on both state laws and many circumstances.
Rights to getting Alimony
It is worth paying attention to the fact that according to the law, if a woman was not officially married, then there is no possibility to apply for alimony. In the case of formal marriage, the mother may request the receipt of maintenance from her spouse during the process of divorce. There is a right to receive support, both temporarily and for an extended period until the final verdict of the court to dissolve the marriage.
When a mother does not work in connection with raising a child, maternity rehabilitation services are an essential measure since the mother needs extra time to find a job to meet the needs of the child. Based on legislation, the state of Indiana provides for the possibility of receiving rehabilitation services for a short period to return to work.
It is worth noting that a mandatory court takes into account the amount of time during which the woman did not work, as well as the time that is needed to acquire professional skills and return to work — the maximum period of rehabilitation services in three years.
Long-Term Spousal Maintenance Award
There are situations in which rehabilitation services may exceed the maximum three-year period. Such a case is that the child has mental or physical disabilities and the guardian cannot work due to the constant care of the child.
To obtain such a right, the guardian must show the court a real shortage of material support.
Also, if the mother is physically or mentally unable to support herself financially, this can also be considered as a particular case. If the circumstances of the mother change in terms of financial support, the spouse who pays the maintenance may require the court to cancel or change the order for the payment of maintenance
Most married couples enter into prenuptial agreements in advance, before marriage. It should be noticed when the mother has signed such a contract, and it does not provide for the payment of alimony, the court may reject the right to receive such payments. In the case when the mother is in a challenging situation, there can be the opportunity to go to court for the right to receive them.
If there is a clause in such a contract stating that the spouse undertakes to pay alimony, but after the dissolution of the marriage, she/he refuses to fulfill this condition, that is, there are all grounds for filing a lawsuit in court.
The Procedure for Obtaining Child Support in Indiana
To obtain material support for the child, you must receive a court order. In the case when the parents of the child were not in an official marriage, a paternity test is required. About this issue during the dissolution of the wedding, this is usually the final point in the decision on divorce.
The amount of alimony is calculated in the standard manner; the principle of calculation is based on an adequate, and fair amount. The amount takes into account the earnings of both parties, the presence of all assets, health insurance, and child care. Also, the court considers the potential income of a parent who is not a guardian if he is unemployed.
Indiana State Court always takes such a decision, which it considers the best option for the child, as it acts in his interests.
Individuals who are physically or mentally incapacitated, who are already taking care of a disabled child or are serving a prison sentence are exempted from paying child support in Indiana.
In this state, child support is paid longer compared to other countries. The duration of the child allowance may continue until the age of 21 years. In the case when the child becomes liable for marriage and does not live together with the parents, the support can be stopped.
Unfortunately, the process of divorce carries with it many difficulties and consequences. Ignorance of many aspects can lead to lengthy trials of divorce. Legislation often changes, and each case is unique. Therefore, it is rather important to get help from highly qualified lawyers to get to the desired outcome. Early consultation with a lawyer provides an opportunity to plan financial costs for both parties.