Support after divorce (maintenance/ lump sum payment or periodical payments)

Alimony is defined in the law as the necessary living expenses provided to the spouse after the husband and wife separate or divorce. Traditionally, alimony is paid by the man to his ex-wife, but based on the consideration of equality between men and women, the man may also have the right to demand alimony from his ex-wife.

Considerations
The divorce court will consider a variety of factors when deciding the amount of alimony. For example, both parties to the marriage:
  • Respective income
  • Earning power
  • Property and financial resources
  • Respective economic needs
  • The financial ability of the child's parents
  • Duties and responsibilities
  • Factors such as their respective contributions to family happiness
  • The behavior of children's parents
  • Family living standards before marriage
"Clean-break rule"

The spouse's alimony can choose:
  • By periodic payments, the most common is monthly payments, via bank transfer
  • Still lump sum payments.
If a lump sum payment is practicable, the court generally hopes to make such a ruling and encourage both parties to reach an agreement. The reason is that this is in line with the clean-break and can terminate the financial burden of the paying party.

"Comprehensive separation" refers to the distribution of property and/or the payment of a lump sum (a lump sum or instalments) in one go. This will help both parties to put aside the unhappy past, start a new life, forget the pain of marriage breakdown, and bear the future Reappearance, especially when the economic environment of one of the parties has changed, and on the other hand, the request to change the alimony order may be out of sincere need, but some are to harass the other party and retaliate.

The court issued a lump sum payment order to determine the amount to satisfy the wife’s reasonable request and to determine her contribution as the wife and/or as the mother of the child in the marriage. If she is actively involved in the family business and works hard, is a strong business woman in the family business, or has provided financial support for the business, such as injecting equity or paying for the expenses of some companies, a lump-sum payment order issued by the court, The amount will be more than usual to determine that she has "earned" part of the family assets.

Re-determine the level of alimony after divorce
With periodic payments, the divorce court can also re-determine the level of alimony after the alimony order is issued and the situation changes or new evidence is obtained, such as the remarriage of the paying party or even new family burdens.

However, because the divorce court does not have the resources to conduct investigations and the lawyers will not conduct in-depth investigations, some people can successfully conceal their property deliberately in order to reduce the amount of alimony. In fact, the evidence relied on is disclosed by both parties in the form of affidavits, but not enough to be investigated.


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