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Determining the parties' income is a crucial factor in awarding alimony. A party's past income and earnings is directly relevant to determining if he or she has the ability to pay alimony. Specifically, in assessing ability to pay alimony, the trial court may consider not only present income, but prior income and earning potential.
Just because a party produces a financial affidavit claiming that he or she earns a certain income does not prevent the court from looking at past earnings to determine if the current representation is correct. Reviewing past income is especially important in cases of self-employment.
If you have any questions regarding alimony, please contact an attorney at Hamblett & Kerrigan to discuss.
Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and serves on the Professional Development Committee and has previously served on the Public Education Advisory Panel of the Academy. He also is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo atkrauseo@nashualaw.com.
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