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How much spousal support?

Continued from How Much Spousal Support?

5. Children in care of spousal support payor. In these cases, the custodial parent generally retains over 60% of the net disposable income. Generally the spousal support recipient receives as much spousal support as if there were no children.

F. Additionally, there are several factors that tend to move spousal support awards outside the dominant range. (These factors exist in cases inside the dominant range, but to a lesser degree or together with offsetting factors).

G. The factors causing spousal support to fall below the dominant range are:

1. Child-related factors. A lot of these cases are cases where the spousal support payor is also the custodial parent.

2. Diminished employability. This is where the spousal support recipient has difficulty finding a job - for instance, due to disability or lack of education. This can also lead to spousal support to fall above the dominant range.

3. Delay with pre-trial payments. If the spousal support recipient delays bringing the matter to trial and the spousal support payor faithfully pays spousal support, spousal support will be lower.

4. High income of payor. If you earn more than $150,000 per year, your spousal support, as a percentage of net disposable income, will be lower.

5. Limited means and/or needs. If you donít earn much, there just isnít enough money to pay as much spousal support. In these cases, the total family income was in the $45,000 to $50,000 range.

6. Unreasonable efforts to contribute to oneís own support. Obviously, if youíre not trying to help yourself, the courtís not going to be inclined to help you.

H. The factors causing spousal support to fall above the dominant range are:

1. Child-related factors. If the children have unusually high special expenses, such as for post-secondary education, spousal support payors will end up paying more.

2. Diminished employability. This was discussed under factors that lead to spousal support falling below the dominant range.

3. Property-related disparities. If you try to be clever and go bankrupt to deprive your spouse of property, the court will compensate with spousal support.

4. Delay with sporadic pretrial payments.

I. One important point to note is that the length of cohabitation or marriage seems to have little effect on the amount of spousal support awarded.

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