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 former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court. Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.