How Does The Court Determine The Amount Of Alimony

According to dui lawyer brampton, many resort to malversations and, aware that they will be divorced, before the defendants for alimony are dismantled, to hide the property and property, as well as the monetary income, so as not to “come up” in the court as a cash basis for determining alimony. For these reasons, the amount of alimony is often not satisfactory, but the court is obliged, on the basis of the state shown, to determine the amount of alimony that will be paid.

The amount of alimentation varies from case to case, and there are situations when the originally determined alimony is reduced or increased due to changed living circumstances.

For example, the person who gave the alimony got sick, got another child, lost the job, etc. so her life needs changed, and more precisely, income and expenditure have changed. In practice, false documents on changed living conditions are not excluded in order to lower the alimony height. Of course, such treatment is, if detected, punished by law.

The Family Law regulates the support: spouse, ex-spouse, mother’s child, minor child by parent, parent by child, support among other blood relatives, adoptive relatives, taxic relatives.

Although after a divorce, a spouse sues another for support (when they do not have a child), the law regulated and allows this option. More specifically, after divorce, a spouse with higher incomes is obligated to support a spouse who is not employed, no income or any financial conditions for a good life.

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For example, if a husband brought an apartment into a marriage (that is, a property that was not acquired during marriage), after a divorce, his wife will have the right to remain in that apartment. More precisely, a husband does not have the legal right to get out of the apartment – he can throw it out, but pays her rent for another apartment or buys her real estate where she will live. However, the maintenance of a spouse after the termination of marriage can not last for more than five years. The maintenance of a spouse also ceases when the trustee concludes a new marriage or a non-marital union.

The minimum amount of maintenance is the amount equal to the reimbursement for the feeder (for minors), that is, the compensation for the persons in the family accommodation (when it comes to adults).

The level of these benefits is determined annually by the ministry responsible for social affairs. These sums amount to 52 percent of the average net salary when the user is a child, or 40 percent when it comes to an adult user. This is considered sufficient to cover the basic cost of living (food, clothing, footwear, hygiene products …), but these amounts are not binding on the court, but represent only orientation, explains the Regulations, and is based on the points presented in the Family Law.

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