What is considered marital property in Alabama?
In Alabama, most property acquired during a marriage is going to be considered marital property. Thus, a house purchased by a husband and wife after marriage is going to be considered marital property that will be divided based on equitable distribution as determined by the court.
What is considered marital property in a divorce?
Marital property includes all property either spouse bought during the marriage. It does not matter whose name is on the title. For example, if a couple bought a home, but only the husband’s name was on the deed, the wife would still be entitled to some of the value of the home if they were to get a divorce.
Do I have to pay half the mortgage if I move out?
You’re equally liable for the mortgage, even if the loan is based on one party’s income or one of you moves out. Your lender can pursue both of you either jointly or individually for the payment – plus any costs, legal fees or loss made upon any possible repossession.
Who gets the house in a divorce with children?
So, who gets the house in Divorce is closely linked to child custody, with the Court typically awarding the right to the primary care-giver. It is hoped that by allowing a child to remain in their home, the disruption caused by the divorce will be minimised.
Does my husband have to pay the mortgage and maintenance?
If you have a joint mortgage with your spouse, you may be wondering if you still need to keep paying the mortgage, even if you’ve moved out of the family home. The simple answer is, that even if you no longer live in the house and you’re getting a divorce, you still need to pay the mortgage.
How spousal maintenance is calculated?
Spousal maintenance is paid for the benefit of the recipient spouse and is determined with reference to the recipient’s income, needs and earning capacity as well as the paying party’s ability to pay.
How much maintenance does a father have to pay for one child?
On the basic rate, if you’re paying for: One child, you’ll pay 12% of your gross weekly income. Two children, you’ll pay 16% of your gross weekly income. Three or more children, you’ll pay 19% of your gross weekly income.
Do I have to pay child maintenance if it’s 50 50 custody?
Child maintenance payments It all depends on the child maintenance rate being paid and the number of shared care nights there are. If the day-to-day care of a child is shared equally between the paying parent and the receiving parent the paying parent will not have to pay any child maintenance for that child.
Do I have to pay child maintenance if my ex remarries?
Maintenance payments to you will stop if you remarry or enter a new civil partnership. Living with someone else in a relationship, without marrying or entering a civil partnership, doesn’t automatically mean that payments from your ex-partner will stop.
How can I avoid paying child maintenance?
How ex-partners avoid paying child maintenance
- Creating complex financial arrangements that are hard to keep track of due to self-employment.
- Putting a businesses in another name to distort personal wealth.
- Opening a limited company to make money unavailable.
- Reopening a case with the CMS after a legal agreement was already reached in court.
How can a father avoid child support?
One way in which child support can be legally avoided is if both parents reach a settlement agreement were child support is refused. If the court complies with the wishes of both parents, no parent will be legally liable for paying this assistance.
Can child maintenance arrears be written off?
As with other types of government debt, the consequences can be severe if you don’t pay. The Child Support Agency (CSA) or Child Maintenance Service (CMS) have the powers to deduct arrears and ongoing payments straight from your earnings or bank account.
How do the child maintenance service collect arrears?
Step 1. The CSA will contact your child’s other parent to find out why payments have stopped. If possible it will start up payments again and agree to clear any arrears. The CSA can take the money from the parent’s bank account, wages or benefits.