Spousal Support Reform Is Not As Good As It Looks on Paper

The growing trend of reforming spousal support or alimony has negative possible consequences for those it is intended to help the most.

2011-10-06

October 05, 2011 (Press-News.org) Over the past few years, a movement to reform spousal support (called "alimony" and "spousal maintenance" in some states) has been making its way across the nation. Spousal support in its traditional form consists of the money-earning spouse providing financial support to the other spouse after a divorce. The amount of spousal support can be agreed upon or calculated based on the earning spouse's ability to pay and the needs of the non-earning spouse.

Because of changing times -- in which more and more wives and mothers work outside the home -- many states have trimmed back on the amount and duration of spousal support payments. Some states have even developed a formula for the duration of the payments based on the length of the marriage.

Negative Impact on Stay-at-Home Moms

The core problem with this spousal support reform is that judges no longer have the discretion they used to have in determining the needs and ability of the involved parties. Each situation is unique and while guidelines are important to facilitate consistency, the needs of a parent and children are not one-size-fits-all.

Spousal support reform of this type is especially damaging to mothers who have put education and careers on hold to raise a family at home, relying on the spouse to provide financial support. These mothers may not have worked for 10 to 15 years and capping spousal support may force them into a workforce for which they are unprepared.

Virginia Spousal Support

Fortunately, spousal support in Virginia has not yet fallen prey to reform. If spouses do not agree on specific support amounts and time lengths, Virginia courts are still empowered to determine the amount and duration of support payments based on the unique family circumstances. Virginia courts may consider many factors, including the following:
- The financial needs, resources and assets of the spouses
- The standard of living during the marriage
- The length of the marriage
- The age, mental and physical conditions of the spouses
- The spouses' earning capacity

Virginia law also allows for a change in the support terms based on changes in circumstances; a formula does not allow for such modifications.

While courts and legislatures are trying to adapt to changing times, they must realize that not everyone is changing and no one situation is identical to another. There is no fix-all formula or solution. If you are not receiving the amount of spousal support you need to support yourself and your family, contact an experienced family law attorney to discuss your situation and your options.

Article provided by James D. Garrett & Associates, P.C.
Visit us at www.jamesgarrettlaw.com

ELSE PRESS RELEASES FROM THIS DATE:

Report reveals economic, social costs of hunger in America

2011-10-06

The Great Recession and the currently tepid economic recovery swelled the ranks of American households confronting hunger and food insecurity by 30 percent. In 2010 48.8 million Americans lived in food insecure households, meaning they were hungry or faced food insecurity at some point during the year. That's 12 million more people than faced hunger in 2007, before the recession, and represents 16.1 percent of the U.S. population. Yet hunger is not readily seen in America. We see neither newscasts showing small American children with distended bellies nor legions of thin, ...

Collectivism and bribery

2011-10-06

Why are some places more prone to bribery and corruption than others? Part of the answer seems to be the level of collective feeling in a society, according to research by Pankaj Aggarwal, University of Toronto Scarborough (UTSC) professor of marketing in the Department of Management, and Nina Mazar, University of Toronto professor of marketing. Aggarwal and Mazar discovered that people in more collectivist cultures – in which individuals see themselves as interdependent and as part of a larger society – are more likely to offer bribes than people from more individualistic ...

Saving the Social Security Trust Fund from Washington Politicians

2011-10-06

Before Congress passed a budget deal in early August 2011, President Obama expressed concern in a televised speech that the federal government would be unable to pay Social Security benefits without a long-term agreement on the budget. Others in Washington, including President Obama's budget director Jack Lew and Senate majority leader Harry Reid, disputed the president's assertion, maintaining that Social Security is a self-funding program with a $2.6 trillion trust fund that is capable of funding benefit payments for the next 25 years. How could politicians deliver such ...

Zinc's role in the brain

2011-10-06

Zinc plays a critical role in regulating how neurons communicate with one another, and could affect how memories form and how we learn. The new research, in the current issue of Neuron, was authored by Xiao-an Zhang, now a chemistry professor at the University of Toronto Scarborough (UTSC), and colleagues at MIT and Duke University. Researchers have been trying to pin down the role of zinc in the brain for more than fifty years, ever since scientists found high concentrations of the chemical in synaptic vesicles, a portion of the neuron that stores neurotransmitters. ...

FDG-PET appears promising for predicting prognosis of patients with inoperable NSCLC

2011-10-06

Miami Beach, Fla. — The prognosis for patients with stage II and III inoperable non-small cell lung cancer (NSCLC) is poor, with only about 15 percent of patients surviving at five years post-treatment for the disease. While new treatment strategies are being intensely studied, timely assessment of their efficacy has proven difficult. In a presentation today, Mitchell Machtay, MD, principal investigator of the ACRIN 6668/RTOG 0235 trial and RTOG deputy chair, reported the that post-treatment F-18 fluorodeoxyglucose-positron emission tomography (FDG-PET) scans show promise ...

Research sheds light on origins of greatness

2011-10-06

EAST LANSING, Mich. -- What makes people great? Popular theorists such as the New Yorker's Malcolm Gladwell and the New York Times' David Brooks argue that intelligence plays a role -- but only up to a point. Beyond that, they say, it's practice, practice, practice. Zach Hambrick agrees with the practice argument -- imagine where Bill Gates would be if he hadn't honed his programming skills, after all -- but the Michigan State University scientist takes exception to the view that intelligence plays no role in determining excellence. In a provocative new paper, Hambrick ...

Social Security Fast-Track Approval Process Expanding

2011-10-06

Social Security Commissioner Michael J. Astrue recently announced the expansion of the list of conditions that qualify a benefit applicant for a fast-track application under either the Quick Disability Determination (QDD) or Compassionate Allowances program (CAL). The SSA created the QDD and CAL programs in 2008 to help get disability benefit payments to those who need them most. It is important for those who apply for Social Security disability benefits to be aware of the fast-track process to see if they qualify. What Conditions Qualify? The fast-track program initially ...

New Data Find Correlation Between Same-Sex Marriage and Divorce Rates

2011-10-06

New data gathered from the latest census and the Center for Disease Control's National Vital Statistics System reveal that states that perform or recognize same-sex marriage have lower divorce rates for all couples compared to states that do not recognize or ban same-sex marriage. Five of the ten states with the lowest divorce rates are among the eight states that perform or recognize same-sex marriage. In 2009, the divorce rate for these states was 41.2 percent, compared with 50.3 percent in states without same-sex marriage. That rate increases to 53.2 percent if one ...

University of Colorodo Boulder team discovers ancient road at Maya village buried by volcanic ash 1,400 years ago

2011-10-06

A University of Colorado Boulder-led team excavating a Maya village in El Salvador buried by a volcanic eruption 1,400 years ago has unexpectedly hit an ancient white road that appears to lead to and from the town, which was frozen in time by a blanket of ash. The road, known as a "sacbe," is roughly 6 feet across and is made from white volcanic ash from a previous eruption that was packed down and shored up along its edges by residents living there in roughly A.D. 600, said CU-Boulder Professor Payson Sheets, who discovered the buried village known as Ceren near the ...

Atlanta Fireplace Supplier Craft Stove and Fireplace Center Shares Fire Pit Safety Tips

2011-10-06

Atlanta fireplace supplier Craft Stove and Fireplace Center is promoting fire safety with guidance on how to safely enjoy a back yard fire pit. Crisp autumn nights are the perfect time to gather around a warm fire, and these tips will ensure that this pleasant family activity is also a safe one. "The first stop in practicing fire safety is to take the right precautions," explains Melinda Pulliam, Director of Marketing for Craft Stove and Fireplace Center. "There are many easy steps you can take to minimize safety hazards." Keep fires small, and ...