In matters of divorce and separation, the issue of child support and maintenance for a second spouse may arise.
Amount of maintenance
The amount of maintenance depends on the legitimate needs of the entitled person as well as on the earning and property capacity of the obligor. On the one hand, you do not have to pay more than is needed. On the other hand, the limit on the amount of alimony is the earning and financial resources of the debtor. It should be emphasized that “earning opportunities” have a different meaning than “current earnings” (which can, for example, be zero when someone lost their job).
In the case of alimony obligation towards minor children, their right to live on an equal footing with their parents is also taken into account. This can, for example, be applied to housing or food. It is also important that the obligation to pay maintenance to a child who is not yet able to support themselves may consist, in whole or in part, of personal efforts to maintain or raise the child. In practice, this means that if, for example, children after separation or divorce remain with the mother who is looking after them, she does not have to pay child support in cash.
Evidence in alimony cases
In determining the amount of maintenance, the parties can provide the court with a range of evidence to support their demands. Bills documenting expenses, loan charges, certificates of earnings, documents certifying property, diplomas, tax returns, certificates of continuing education, health certificates, etc. are useful. In the absence of documents, witness testimony can be used.
Providing the court with the appropriate evidence will help establish maintenance at the appropriate level.