Divorce Guide

Complex Divorce Cases

Complex divorce cases involve all the complicated issues related to a divorce. In US, marriages fail and divorces occur, regardless of the economic climate. There are many complex legal and emotional issues involved, when a couple decides to end their marriage. These situations are never easy and can be more difficult when it involves complicated matters such as spousal maintenance, child support and high end property distribution. The points related to these issues are discussed below.

Child and spousal support

State courts follow rigid payment guidelines, while determining child support payments. New York and Connecticut courts determines a parent’s ability to pay based on assets, individual incomes and financial obligations. These state courts determine the percentage of child support that must be paid, based on specific criteria after looking at the “basic child support obligations” of the child’s parents.

The court’s formula could be complicated and the court has every right to deviate from the guidelines under certain circumstances. The required percentage that a parent must pay in child support could differ depending on the factors considered by the court and the situation of the parties involved.

No court guidelines determine spousal support, unlike child support. The court must examine various some factors when one spouse requests support payments from the other spouse. These factors are, the party’s need for financial support, the duration of the marriage and the amount of assets each party would receive. Additionally, New York and Connecticut courts could award temporary child and spousal support based on the circumstances of the spouses.

Property distribution

In a divorce proceeding the most common and complex issue is the division of marital property. The complicity of the case is seen when high value assets are in dispute. These types of cases involve transferring and dividing property and wealth preservation. In a complex case, numerous assets may be at issue, such as investments, bank accounts, inheritance money and property, retirement accounts etc.

Division becomes more complicated where joint business ownership and hidden assets are involved. These type and amount of assets in complex divorce cases may lead to additional complications, such as property and business assessment and tax consequences. It’s always better to consult a knowledgeable lawyer when numerous assets are concerned in a high value property division cases.

Support Modification

To modify the original divorce decree, sometimes become necessary regarding child support and spousal support. However, a modification order cannot include property division. This type of modification cannot be modified later, even if the assets value decline. When the couple files the modification request, the court may consider their request and modify spousal and child support if the paying party proves a substantial change in the circumstances.

The court could consider several factors like loss of job, changes in income, new employment, illness, remarriage etc.

In complex divorce cases, there are times when the issues in dispute are too complex to be settled. Sometimes the parties are not able to reach an agreement. So, divorce litigation could be the best option in this situation. Before entering litigation, it’s very important to consult a knowledgeable lawyer in complex divorce issues for assistance.

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