Monday, March 24, 2014
NEVADA Part 62
The Tonopah Formula has never been adopted into
Nevada law, but because Nevada's courts have struggled to interpret the alimony
laws, the Tonopah Formula (as well as some other schedule-type alimony
formulas, like the "California Formula") is still used by some courts.
Lawyers, legislators, and judges are still debating whether Nevada should adopt
a mathematical formula for alimony.
NEVADA Part 61
Nevada's appellate courts have interpreted their alimony
laws in many different ways, resulting in confusion for divorce courts who are
trying to decide whether they should award alimony, or what the amount should
be. In response, the Family Law Section of the Nevada Bar Association developed
a weighted formula, called "the Tonopah Formula," in 1997. The
Tonopah Formula is a kind of mathematical model, or schedule, based on
real-life data from divorce cases where judges awarded alimony. It utilizes the
factors that divorce judges most commonly use to justify their decisions, and
establishes financial parameters based on the income, assets, and debts in
those cases.
NEVADA Part 60
How is alimony calculated?
Nevada's statutes aren't very specific about how much
alimony should be paid. They say that a support award must be "just and
equitable," and that the court should divide all community property
equally unless there is a compelling reason for an unequal division.
NEVADA Part 59
Fourth, and finally, there is "permanent alimony,"
which is a financial obligation that the paying spouse must pay to the other
for an indefinite period of time. The obligation only ends when one of the
spouses dies, or the receiving spouse remarries.
NEVADA Part 58
Third, there is "temporary alimony," which is
similar to "temporary maintenance." The main difference is that
temporary maintenance is awarded while the divorce is still proceeding, but
temporary alimony is awarded after the divorce is final. The judge will order
one spouse to pay alimony to the other for a temporary period of time after the
divorce.
NEVADA Part 57
Second, "rehabilitative alimony"
requires the paying spouse to give the supported spouse money to obtain
training or education relating to a job, career, or profession. This type of
alimony is intended to allow spouses who have been stay-at-home parents to
obtain the skills necessary to re-enter the workforce and become financially
independent. Rehabilitative support may be used to pay for things like testing,
evaluation, guidance in establishing a training or education plan, tuition,
books, fees, and job search expenses.
NEVADA Part 56
Are there different kinds of alimony in Nevada?
Yes. There are four kinds of alimony in Nevada.
First, "temporary maintenance" is alimony that’s
awarded and paid to the supported spouse during the divorce proceedings, but
before the “final decree” (judgment of divorce) has been issued. This is the
only kind of alimony that's paid before the divorce is final.
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