601-948-1068

Factors in Family Law



FACTORS CONSIDERED IN MAKING ALIMONY AWARDS
ARMSTRONG V ARMSTRONG 618 SO 2D 29 1278 (1993)

  1. THE INCOME AND EXPENSES OF THE PARTIES;
  2. THE HEALTH AND EARNING CAPACITIES OF THE PARTIES;
  3. THE NEEDS OF EACH PARTY;
  4. THE OBLIGATIONS AND ASSETS OF EACH PARTY;
  5. THE LENGTH OF THE MARRIAGE;
  6. THE PRESENCE OR ABSENCE OF MINOR CHILDREN IN THE HOME, WHICH MAY REQUIRE THAT ONE OR BOTH OF THE PARTIES EITHER PAY, OR PERSONALLY PROVIDE, CHILD CARE;
  7. THE AGE OF THE PARTIES;
  8. THE STANDARD OF LIVING OF THE PARTIES, BOTH DURING THE MARRIAGE AND AT THE TIME OF THE SUPPORT DETERMINATION;
  9. THE TAX CONSEQUENCES OF THE SPOUSAL SUPPORT ORDER;
  10. FAULT OR MISCONDUCT;
  11. WASTEFUL DISSIPATION OF ASSETS BY EITHER PARTY; OR
  12. ANY OTHER FACTOR DEEMED BY THE COURT TO BE "JUST AND EQUITABLE" IN CONNECTION WITH THE SETTING OF SPOUSAL SUPPORT.

A REASONABLE AWARD FOR ALIMONY THE FOLLOWING FACTORS SHOULD BE CONSIDERED:
HEMSLEY V. HEMSLEY 639 SO 2D 909

THE HEALTH OF THE HUSBAND AND HIS EARNING CAPACITY;
THE HEALTH OF THE WIFE AND HER EARNING CAPACITY;
THE ENTIRE SOURCES OF INCOME OF BOTH PARTIES;
THE REASONABLE NEEDS OF THE WIFE;
THE REASONABLE NEEDS OF THE CHILD;
THE NECESSARY LIVING EXPENSES OF THE HUSBAND;
THE ESTIMATED AMOUNT OF INCOME TAXES THE RESPECTIVE PARTIES MUST PAY ON THEIR INCOMES;
THE FACT THAT THE WIFE HAS THE FREE USE OF THE HOME, FURNISHINGS AND AUTOMOBILE, AND SUCH OTHER FACTS AND CIRCUMSTANCES BEARING ON THE SUBJECT THAT MIGHT BE SHOWN BY THE EVIDENCE

FACTORS TO INCREASE CHILD SUPPORT:
CALDWELL V. CALDWELL 579 SO 2D 543

  1. INCREASED NEEDS CAUSED BY ADVANCED AGE AND MATURITY OF THE CHILDREN;
  2. INCREASE IN EXPENSES;
  3. INFLATION FACTOR;
  4. THE RELATIVE FINANCIAL CONDITION AND EARNING CAPACITY OF THE PARTIES;
  5. THE HEALTH AND SPECIAL NEEDS OF THE CHILD. BOTH PHYSICAL AND PSYCHOLOGICAL;
  6. THE HEALTH AND SPECIAL MEDICAL NEEDS OF THE PARENTS, BOTH PHYSICAL AND PSYCHOLOGICAL;
  7. THE NECESSARY LIVING EXPENSES. OF THE FATHER;
  8. THE ESTIMATED AMOUNT OF INCOME TAXES THE RESPECTIVE PARTIES MUST PAY ON THEIR INCOMES;
  9. THE FREE USE OF A RESIDENCE, FURNISHINGS AND AUTOMOBILE; AND
  10. SUCH OTHER FACTS AND CIRCUMSTANCES THAT BEAR ON THE SUPPORT SUBJECT SHOWN BY THE EVIDENCE.

FACTORS FOR CUSTODY
ALBRIGHT V. ALBRIGHT 437 SO 2D 1003

  1. POLESTAR CONSIDERATION IS THE BEST INTEREST AND WELFARE OF THE CHILD;
  2. AGE OF THE CHILD;
  3. HEALTH AND SEX OF THE CHILD;
  4. DETERMINATION OF THE PARENT THAT HAS HAD THE CONTINUITY OF CARE PRIOR TO THE SEPARATION;
  5. WHICH PARENT EXHIBITS THE BEST PARENTING SKILLS AND WHICH HAS THE WILLINGNESS AND CAPACITY TO PROVIDE THE PRIMARY CHILD CARE;
  6. EMPLOYMENT OF THE PARENT AND RESPONSIBILITIES OF THAT EMPLOYMENT;
  7. PHYSICAL AND MENTAL HEALTH AND AGE OF THE PARENT
  8. EMOTIONAL TIES OF PARENT AND CHILD;
  9. MORAL FITNESS OF PARENTS;
  10. THE HOME, SCHOOL AND COMMUNITY RECORD OF THE CHILD;
  11. THE PREFERENCE OF THE CHILD AT THE AGE SUFFICIENT TO EXPRESS A PREFERENCE BY LAW;
  12. STABILITY OF HOME ENVIRONMENT AND EMPLOYMENT OF EACH PARENT AND OTHER FACTORS RELEVANT TO THE PARENT/CHILD RELATIONSHIP.

SUBSTANTIAL CONTRIBUTION TO THE ACCUMULATION OF THE PROPERTY. FACTORS TO BE IN DETERMINING CONTRIBUTIONS ARE AS FOLLOWS:
FERGUSON V. FERGUSON 639 SO. 2D 921

  1. DIRECT OR INDIRECT ECONOMIC CONTRIBUTIONS TO THE ACQUISITION OF THE PROPERTY;
  2. CONTRIBUTION TO THE STABILITY AND HARMONY OF THE MARITAL AND FAMILY RELATIONSHIPS AS MEASURED BY QUALITY, QUANTITY OF TIME SPENT ON FAMILY DUTIES AND DURATION OF THE MARRIAGE; AND,
  3. CONTRIBUTION TO THE EDUCATION, TRAINING OR OTHER ACCOMPLISHMENTS BEARING ON THE EARNING POWER OF THE SPOUSE ACCUMULATING THE ASSETS. THE DECREE OF WHICH EACH SPOUSE HAS EXPENDED, WITHDRAWN OR OTHERWISE DISPOSED MARITAL ASSETS AND ANY PRIOR DISTRIBUTION OF SUCH ASSETS BY AGREEMENT, DECREE OR OTHERWISE. THE MARKET VALUE AND THE EMOTIONAL VALUE OF THE ASSETS SUBJECT TO DISTRIBUTION. THE VALUE OF ASSETS NOT ORDINARILY, ABSENT EQUITABLE FACTORS TO THE CONTRARY, SUBJECT TO SUCH DISTRIBUTION, SUCH AS PROPERTY BROUGHT TO THE MARRIAGE BY THE PARTIES AND PROPERTY ACQUIRED BY INHERITANCE OR INTER VIVOS GIFT BY OR TO AN INDIVIDUAL TAX AND OTHER ECONOMIC CONSEQUENCES, AND CONTRACTUAL OR LEGAL CONSEQUENCES THIRD PARTIES, OF THE PROPOSED DISTRIBUTIONS; THE EXTENT OF WHICH PROPERTY DIVISION MAY, WITH EQUITY TO BOTH PARTIES, BE UTILIZED ELIMINATE PERIODIC PAYMENTS AND OTHER POTENTIAL SOURCES OF FUTURE FRICTION TWEEN THE PARTIES; THE NEEDS OF THE PARTIES FOR FINANCIAL SECURITY WITH DUE REGARD TO THE COMBINATION OF ASSETS, INCOME AND EARNING CAPACITY; ANY OTHER FACTOR WHICH IN EQUITY SHOULD BE CONSIDERED.