Hawaii Petition to Enforce Duty to Pay Spousal Support when Respondent is in Another State
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How to fill out Petition To Enforce Duty To Pay Spousal Support When Respondent Is In Another State?
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FAQ
If you and your spouse are unable to agree on whether one spouse will support the other, and/or on the amount and duration of such support, then the Hawaii Family Court may order one spouse to provide support to the other spouse for a temporary or indefinite period.
In Hawaii, for one spouse to be eligible for alimony, the spouses must have been legally married. Alimony is decided either by agreement between the spouses or by the court.
Hawaii Revised Statute 231-51 to 231-53 allows the CSEA to setoff the State income tax refunds of those non-custodial parents (NCP) who are delinquent in the payment of child support. The debt may include delinquency in child support, medical support, and spousal support when ordered in conjunction with child support.
Alimony is not required to be paid in Hawaii divorce cases. The divorcing spouses must agree (otherwise the court will decide) whether spousal support will be paid, who will pay it, how much it will be, and how long it will last. Alimony is not a part of most divorce settlements, although most people assume that it is.
In the Aloha State, parents can go through either the state's Family Court or the state's Child Support Enforcement Agency (CSEA) for child support decisions. CSEA is usually quicker and won't require an attorney. Family Court is useful if multiple issues require resolution, such as alimony and child support.
Courts in Hawaii divide assets ing to equitable distribution. This means that marital assets are divided fairly and equitably, but not always on a 50/50 basis. The court must consider several factors before approving how assets are divided. Marital debts are also treated in a similar fashion.
In Hawaii, the court will approve a statutory legal separation period of about two years based on documents that outline a separation agreement. At the end of this time, however, you must then finalize things either by formally ending the marriage or repairing it.
The law is that alimony cannot be longer than the marriage, and rarely is alimony awarded for the remainder of the alimony recipient's life. Instead, often disparate property division is awarded, which means the alimony recipient receives more than 50% of the time of divorce equity/net worth.
