Divorce and Family Law - - Alimony
There are multiple factors to consider when determining the appropriate level of alimony, if any, in a divorce or separate maintenance action. There are various types of alimony including: permanent alimony, term alimony (for a given period of time), and rehabilitative alimony (to give a spouse an opportunity to complete education or re-establish himself or herself in the workforce). Also, the amount of alimony which is paid may be subject to review for a significant change of circumstances. If your present or former spouse is unemployed or underemployed, the law offices of Mark P. Fierro, Esq., LLC can explain your options to determine the accurate earning capacity of your spouse so that the alimony determination is equitable. Even after the entry of a divorce judgment, an application to a court of jurisdiction to change the amount paid or received may be made. If there is a waiver of alimony it is important to insure that the waiver will withstand future scrutiny by the courts. If one party is either hiding income or assets, experts such as forensic accountants can be utilized to perform an income and spending analysis in order to reveal the true earnings of a party. Pensions which are in pay status may be included in a party's annual income level.