How Long Does It Take To Get Spousal Support
If you’re seeking alimony and going through a divorce, one of the most common questions is: When will it begin? Before answering this question, it’s important to understand the main difference between a spousal support judgment and a temporary order.
Spousal Support vs Temporary Orders
Spouses may request either permanent or temporary alimony (also referred to as spousal support). Sometimes they request both. Note that it’s necessary to file a written order or agreement for spousal aid with the court before getting any money. That prevents any dispute over alimony.
Temporary aid is actually intended to provide help for the lower-income spouse while the divorce proceedings are still pending. Permanent assistance is paid after the divorce. The goal is to keep the spouse with the lower earnings near or at marital standards of living.
Keep in mind that state laws vary widely. The courts set a support order according to the specific guidelines and laws of the state. Yet, there are some general rules which apply to most divorcing spouses.
What Factors Will the Judge Consider Before Awarding Support?
Based on several factors, the judge will determine which spouse needs support and how much he or she should be paid.
These factors include:
- Financial resources of the parties
- The ability of the party seeking assistance and maintenance to meet his or her needs independently
- Duration of the marriage
- Standard of living established during the marriage
- Age of the parties
- Physical and emotional condition of the involved
- Usual occupation of the parties during the marriage
- Vocational skills and employability
- Needs of the parties
- Custodial responsibilities
- Probable duration of the need
When Will I Receive Payment?
Once a spouse file a petition, the divorce proceeding automatically starts and the request for an order can be filed. Then the court sets the first hearing date, which can be anywhere between one and four weeks away. That mainly depends on the court’s calendar.
At the first hearing, the court may make a temporary order for spousal support if there is no major factual dispute. If there’s a proper legal ground, this can be changed whilst the divorce process is pending.
Time Needed to Receive Permanent Spousal Support?
Permanent alimony – although it’s seldom permanent indeed – refers to spousal support by judgment. It can occur via either a trial or a settlement. A settlement between spouses going through a divorce becomes a ‘stipulated’ judgment. In case the alimony is contested for some reason, the case must go before a judge at a trial (also known as an evidentiary hearing).
The judge will then determine the duration and amount of alimony that’ll be given after the completion of the divorce. This raises the question: What is the wait time before aid begins? This depends on multiple factors: the duration of the marriage, the standard of living spouses have enjoyed during their marriage, custody disputes, disputes related to the assets and income of spouses, and so on.
Some cases can resolve in less than 6 months if there are few to no disputes. It can take 12 months or longer if complications arise: complex finances, a factual dispute regarding custody and/or a large number of assets or debts.
Receiving Child Support – Timing?
It’s important to note that an order can be modified after the judgment. That can occur if there are significant changes in circumstances that justify a modification. Seeking a modification is much the same as the process when filing for divorce. The spouse first needs to file a request after which, the court is supposed to set a hearing date.
If the required evidence is close or readily at hand, things can move forward quickly. However, any disputes will delay progress,
Whether you are facing temporary or long-term spousal assistance, it’s essential to have a trustworthy divorce lawyer who will properly streamline your divorce process. Feel free to contact the experienced Hawaii attorneys.