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New child/spousal support rules make a difference.

At a recent hearing for spousal support, I believed a real injustice was being done to my client, and thought I'd try using one of the new support rules to rectify it.  This was the situation.  My client, a young woman who had worked hard in her job as a sales assistant for a large retail store, had earned herself a top management position and a nice income to go along with the long hours, and extensive travel.  Her marriage of less than one year broke up due in part to the demands of her employment.  Her husband, who hadn't had a full time job during the marriage, filed for divorce and spousal support.  He wanted to drag out the divorce for as long as he could, in order to collect over 2 years of spousal support from my client. 

Luckily, under the new support guidelines, the court must consider the duration of the marriage in determining the duration of spousal suport.  This rule was put in place to prevent unfairness which could arise in such situations.  My client's case was just such a situation. 

Fortunately, the court agreed with my client and allowed the husband only a limited term of support and ordered him to consent to the divorce in a timely fashion so it wouldn't drag out unnecessarily. 

This is not the only change to the support guidelines.  Others include changes to the caluculations in high income cases, and the effect of custody on child support orders.  The new rules went into effect May 12, 2010. 

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Gregory R. Gifford
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