Q: I live in VA. I am seeking spousal support. My husband is $35,000.00 in debt., will that have an effect on my award?
My lawyer said that only income is considered, by a formula used to find the appropriate amount...but I have read online that "relevant evidence relating to the parties current financial circumstances could indicate the presumptive amount is inappropriate" I have been married 40 years. Thank you
A:
Yes, if your husband is required to make payments on that debt, the judge may take it into account in calculating a spousal support amount. Once the court has determined whether you are eligible to receive spousal support (you may not be eligible if fault-based grounds for divorce exist against you), the court will weigh the relative financial needs of the parties and their abilities to pay, and it will consider the factors in Virginia Code section 20-107.1(E). The factors include the financial "obligations" of the parties. Payments on that debt are an obligation that affects his ability to pay you.
Beth McCord Paleos
McCOrd Law Office
www.mccordlawoffice.com
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