The Difference
Family Law & Divorce
Frequently Asked Questions
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How much spousal support will the court order?While the amount and duration of spousal support will always depend on the facts of your case, there are certain limitations the court has when ordering spousal support. First, it cannot be over 20 percent of a paying party’s gross income, or $5,000.00 each month, whichever is lower. Next, the duration of support will depend on the length of the marriage. For marriages of 10-20 years, spousal support can be up to five years. Marriages between 20-30 years could have seven years of support, while marriages over 30 years could have spousal support ordered for up to ten years.
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What is the Standard Possession Order?This is the default schedule that courts use when determining a visitation schedule. It’s a great place for couples to start if they’d like to customize their own schedule. The non-primary parent will get the children every first, third and fifth Friday of the month until the following Sunday. They will usually get a midweek period of possession, Thursday, and it can be overnight. The couples will swap holidays. The parent who gets Thanksgiving will not get Christmas, but this will alternate every year. Finally, the non-primary conservator usually gets the whole month of July, although there are some variations to this schedule.
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What factors does the court look at when awarding custody?The paramount consideration for the court is always the best interest of the child, but this can be a nebulous concept. Courts will look at a multitude of factors: the age of the child, the relationship the child has with each parent, the ability of the parents to cooperate, the existence of any abuse or neglect, and even the child’s preference. There is no limit as to what the court can consider when it comes to determining custody.
The Dieye Firm Difference
We take the time to listen to you to fully understand your particular Divorce or Family Law case. Then, we work together to craft and execute on a unique solution tailored to meet your desired outcome.