Alimony Lawyer in Madison: Divorce and Spousal Support
Madison Alimony Disputes
A divorce will have a heavy financial impact on one or both individuals involved in most cases. Spousal support, otherwise known as “maintenance” or “alimony,” is one of the most costly, ongoing payments that could be awarded in a divorce order. It can also prove to be the biggest struggle in a divorce or separation. The time period for alimony payments may be temporary or ongoing, and the amount of alimony and alimony type and will be decided based on several factors, including the current income of each spouse. Spousal support will not automatically be granted, and in some cases, the court may decide that there is no need for maintenance payments.
The quality of your legal representation is very important in a dispute regarding alimony since the guidelines are not as defined when compared to other aspects of divorce such as determining child support payments. Decisions can vary widely from county to county, court to court, or even judge to judge. You need the most highly qualified, aggressive and talented litigator on your side if there is any contention regarding alimony. Attorney John T. Fields has 25 years of experienced and is known for being a "pit bull" in court.
Contact us for a free alimony/maintenance consultation on the phone with John T. Fields.
How the Court Decides Alimony Payments in Madison
Some factors the court considers in determining alimony payments include:
- The marriage length
- Each person’s physical and emotional health and age
- Division of Property under s. 767.61.
- Each person’s educational level at the time of their marriage and separation or divorce
- For the person seeking alimony, their earnings capacity will be considered. This will include education, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children and the time and expense necessary to acquire sufficient education or training to enable the party to find appropriate employment
- Length of time or likelihood that the person seeking alimony is able to support themselves at the standard of living they experienced during their marriage
- The tax consequences for each person
- Mutual agreements parties made to each other before and during the marriage
- One person’s contributions to the other’s education, training or increased earning power
- Such other factors as the court may in each individual case determine to be relevant
Especially considering the ambiguity of the final factor on the list, it is clear that in contentious divorce cases, having an attorney who is well versed in local county legal systems is key to protecting your rights. Alimony payments can be a struggle to meet. We all work hard for what we earn, and losing a significant portion of that income to a former spouse can be difficult to endure, particularly if the recipient of the payment is not working, and doesn't appear to be planning to start. Also, there are cases where one spouse has put aside their future earning potential for the benefit of their spouse, only to feel the negative effects of that sacrifice at the time of divorce or separation. The way the court makes decisions about alimony varies widely, and there is little doubt that the quality of counsel can greatly impact the final decision.
Don't take any chances with this critical matter – get a Madison alimony attorney who knows how to present a case in court and get results. The court can consider almost anything when making a decision. This is such a "grey area" in Wisconsin state law that there is an urgent need to be represented by aggressive and experienced counsel.
Ongoing Decisions about Alimony in Madison, WI
To further complicate alimony decisions, it is possible for payments to be modified even after the court has decided on alimony matters for your case. To make sure alimony issues don’t come back to hurt you later, it is important to contact an expert divorce attorney early in the divorce process who can analyze your case and take a thorough look at your alimony issues. In some instances, changes in salary, job losses or opportunities, cost-of-living changes, new relationships or inheritances may cause one spouse to desire to change the alimony agreement. Whether you are paying or being paid alimony, it is important to know your financial rights. Having a pit bull lawyer on your side who has a deep understanding of the complexities of divorce and alimony law will put you in the best position.
Because Wisconsin does not have firm guidelines for a judge to follow with regard to spousal support, there is a wide range of decisions that could be made in your case. Your case’s outcome is dependent upon the skills with which evidence is presented to the court regarding the need for support, or to challenge a request for alimony from your spouse. You cannot risk the significant losses related to spousal support.
Get in touch with us at once to review your situation and get legal counsel about this critical matter.