Does Adoption Decreases Alimony Support ?
Does adoption decreases alimony support? It is a complicated issue. It depends upon the circumstances and the formulation of divorce decree.
|
The purpose of alimony is to maintain the dependent spouse at the standard of living he/she had become accustomed to during the marriage. Whereas the purpose of child support is to provide the best environment needed for children’s upbringing.
Child support is totally different from alimony. Thus, alimony has nothing to do with child support as child support is totally independent and it is calculated by taking into the needs of child or children. The needs include child’s education costs, his medical care, care cost and food costs etc. alimony can only be decreased if there is change in circumstances of payer such as loss of job, disability or early retirement adoption of child is definitely not sufficient ground to file a motion for reduction in alimony as alimony has nothing to do with the child or children alimony is calculated on basis of different parameters and it does not include child expenses.
In case the child is adopted by other non-biological parents, then they are responsible for his upbringing. They will take care of all his needs including medical care, education costs or daily expenses as adoptive child is given all the right, privileges and duties by a legal process legal. If the divorce decree is formulated with child support included in alimony amount and if the child is adopted by some other person, then the payee spouse can file a motion to decrease alimony.
In another case if the spouse receiving alimony remarries and her child is adopted by the new non biological parents then the alimony obligation will certainly get terminated along with the child custody but if the child is not adopted by the new parent and alimony amount include child support in the divorce decree then there will be decrease in alimony amount but child support will continue.
More Articles :
|
Does retirement end alimony? The immediate answer to this question is “not necessarily”. Many spouses believe that retirement is their way out of the alimony obligation. The retirement of the spouse may be sufficient grounds to constitute a “change in circumstance” to reduce or terminate alimony. However, it must be noted that retirement alone is not an automatic ground to terminate alimony.