Alimony Attorney in Carmel
Handling Spousal Maintenance Cases with Care
Indiana courts do not award alimony. However, in certain circumstances, the court may award temporary spousal maintenance before entering a Decree of Dissolution. It might also award spousal maintenance after finalizing the Decree of Dissolution.
Having a trusted Carmel alimony attorney on your side can prove beneficial when facing a tough case. Whether you are seeking spousal maintenance or disputing your obligation to pay it, Hains Law, LLC is here to help.
Contact us online or call (317) 588-2883 now to request a free phone consultation.
Determining Spousal Maintenance in Indiana
When determining temporary spousal maintenance, the court should use the Indiana Child Support Guidelines to provide a useful reference point. Temporary spousal maintenance may be awarded by the court not to exceed 35% of the obligor's weekly adjusted income. This maximum award should be reserved for a spouse who has no income or no means of support.
If child support is ordered, the court should not award child support and temporary spousal maintenance that would exceed 50% of the obligor's weekly adjusted income. The court may order temporary spousal maintenance and/or child support as a dollar amount or "in‑kind" payments or obligations. It is important to keep in mind that the court may or may not credit temporary spousal maintenance payments against a final distribution.
Types of Post-Dissolution Spousal Maintenance
In Indiana, the court may award only three varieties of post-dissolution spousal maintenance: incapacity spousal maintenance, caregiver spousal maintenance, and rehabilitative spousal maintenance. However, the parties may agree to a specific amount of alimony subject to the court’s approval.
Incapacity Spousal Maintenance
If the court finds that the spouse is physically or mentally incapacitated and unable to support him or herself, it may award incapacity spousal maintenance during the period of incapacity.
Caregiver Spousal Maintenance
If the court finds that the spouse lacks enough property to provide for his or her needs and is the custodian of a physically or mentally incapacitated child, the court may award caregiver spousal maintenance.
Rehabilitative Spousal Maintenance
The court may award rehabilitative spousal maintenance for up to three years while the spouse needing financial assistance obtains employment-related education or training.
In awarding rehabilitative spousal maintenance, the court should consider:
- The party's education level
- Whether there was an interruption in the party’s education, training, or employment for homemaking or childcare
- The party’s earning capacity
- The time commitment and cost of enough education and training to acquire adequate employment
Modifying a Spousal Maintenance Order
To modify and change a spousal maintenance obligation after an alimony order has been entered, an ex-spouse must show a substantial change of circumstance that makes the terms unreasonable. If at least one year has passed, they could instead show that there is a difference of more than 20% between the current order and the amount that would be ordered if the Indiana Child Support Guidelines were applied.
Contact Hains Law, LLC
It can be difficult to resolve the challenging issues that arise in family law cases. With a decade of experience and an exclusive focus on family law, Carmel alimony attorney Joshua R. Hains has your best interests at heart. If you have questions about whether you are likely to pay or receive alimony, we would be happy to address them during an initial consultation.
Call (317) 588-2883 now to schedule yours.