Fairfax Spousal Support Lawyer

Determining the amount of spousal support is a complex process. As a Fairfax spousal support lawyer, I can defend your case and fight for your legal rights.

read below how spousal support is determined

The Law on Spousal Support

20-182.1 of the Virginia Code lays out the law regarding the determination of spousal support.

According to the law, in determining spousal support, the court shall consider the circumstances and factors that contributed to the dissolution of the marriage.

This can include any grounds, especially adultery. 

There are certain circumstances where spousal support awards may be denied. If the reason for the dissolution of the marriage was adultery then this bar’s the spouse’s right to receive any spousal support from the other.

However, an exception to this rule is when denial of spousal support may lead to injustice to the other spouse. 

If you feel that spousal support may be an issue that cannot be resolved between you and your partner during divorce, it’s recommended that you consult with an experienced Fairfax Spousal Support Lawyer regarding the best options to pursue.

How Do Courts Determine the Amount and Duration for Spousal Support?

Once spousal support is deemed appropriate in your case, the next issue is to determine how much amount is to be paid and the duration for such payment.

In determining these two things, the court will take into account both parties financial obligations, the duration of their marriage, the condition of their health (physical and mental health), the obligations they may have towards other family members, how much each spouse earns and the education of each party. 

However, it is important to keep in mind that the spousal support amounts will vary on a case-by-case basis, and it is not always easy to predict how much the support order may be.

To get a better idea of the law and guidelines the courts will use to calculate your spousal support amount, it’s encouraged to consult with an experienced Fairfax Spousal Support Lawyer.

Modification of Spousal support 

For the court to modify your support order, you must provide sufficient evidence that there has been a material change in the circumstances since the spousal support order was initially placed.

Not all changes in the circumstances warrant a modification of the support order. 

Although there is no proper definition of what a “material change in circumstances” means, the courts have concluded it to be anything that may affect the ability of a spouse to make payments to the other or anything that may affect the needs of the spouse receiving the support payments. 

Moreover, the court will not modify an order if they find out that a spouse voluntarily quit their job to avoid making such payments or to have spousal support reduced.

The change in circumstances has to be involuntary.

In What Circumstances Can Spousal Support Be Terminated?

Similar to requesting the court for a modification of the spousal support court order, either party can request to have the support order payments terminated.

They can do so by providing evidence that there has been a material change in circumstances such as a change in finances or losing a job, etc. 

The courts will decide, taking into account all the facts surrounding the case, whether terminating spousal support payments will be fair in the given situation.

The only time spousal support payments automatically terminate is when either of the spouses passes away or if the spouse who is to receive payments remarries.

Why Should You Hire an Experienced Fairfax Spousal Support Lawyer?

The guidelines for determining spousal support are quite complex. And, it is often not clear what the courts may focus on in determining the amount and duration of the spousal support order.

The different factors of each case can have a tremendous impact on the final spousal support amount.

Therefore, it is encouraged to contact an experienced Fairfax Spousal Support Lawyer at the earliest.

The attorneys here at the American Lawyers Group have years of experience in handling thousands of cases and providing strong and efficient representation to their clients in the courtroom.

Contact us today so we can provide the best legal representation your case needs.