Mullen, Schlough & Associates S.C. attorneys are leading River Falls and Chippewa Falls due to their lawyers efficient spousal maintenance practice.

Category: Spousal Maintenance
Section: Family Law

Maintenance and Family SupportDefinition:Spousal Maintenance
Spousal maintenance in family law refers to alimony or spousal support.  Spousal maintenance is an order of a court for the support of one spouse by the other spouse to help lessen the financial hardship that often accompanies divorce. State law, which varies by state, governs the award of maintenance to a spouse. On application of either party for spousal support, the court may decree an increase or decrease only upon a showing of a substantial and material change of circumstances. The Court may award permanent or temporary alimony or both to either party, and in so doing may consider, but not be limited to, the following factors:

  1. The actual need;
  2. Ability to pay;
  3. The duration of the marriage;
  4. The age of the parties;
  5. The physical health of the parties;
  6. The emotional health of the parties;
  7. The standard of living established in the marriage and the likelihood that each party can maintain a reasonably comparable standard of living;
  8. The earning capacities of the parties;
  9. The educational levels of the parties;
  10. The vocational skills of the parties;
  11. The employability of the parties;
  12. The length of absence from the job market;
  13. The custodial responsibilities for children of the party seeking alimony;
  14. The time and expense necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment, and the availability of the training and employment.
  15. The opportunity for future acquisitions of capital assets and income;
  16. The history of the non-financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  17. The history of the financial contributions to the marriage by each party including contributions to the care and education of the children and interruption of personal careers or educational opportunities;
  18. The equitable distribution of property ordered and any payouts on equitable distribution, directly or indirectly, out of current income, to the extent this consideration is reasonable, just and fair; and
  19. Any other factors which the court may deem relevant.

Topic Expanded: Spousal Maintenance
Money is awarded from one spouse to another to lessen the hardship of a divorce, but in today’s gender equality environment, sometimes such awards amount can be somewhat inappropriate.  For example, if one spouse decides to get further education and yet doesn’t use it to find gainful employment it is conceivable that the working spouse could be generating more income while the other could generate much more but chooses not to.  At the time of the divorce it may appear the unemployed or underemployed spouse is in a less position financially.  However in all reality, the spouse with a higher education level or other marketable traits is only one step away from earning more money than that of the currently working spouse.

Recommendation: Spousal Maintenance
It is extremely important to hire an attorney who can spend the time investigating the other spouses true financial condition and potential earning capacity.

Remember:

  • Just looking at last years taxes doesn’t tell the whole story.  Hire an attorney who will take the extra time & effort in finding out what’s really going on.
  • Do yourself a favor and don’t let the your soon to be ex “bamboozle” the court into believing their broke when, in all actuality, they are one step away from earning much more than they currently are. have more power then they should have.

We know you need the best in knowledgeable legal representation from a family law firm that treats your case with consideration and genuine concern. We look forward to hearing from you when you call (888) 375-3056 for a FREE confidential consultation.

So what will the attorneys at Mullen, Schlough & Associates do for me?

Whether you have a criminal case, drunk driving or some type of family law case like a divorce or custody matter, our attorneys have been handling these type and only these type cases for the better part of 14 years.  With that kind of experience comes “strategies and techniques” that we’ve found either work, work well or don’t work at all.

For example:

Telling the district attorney we’re going to take the case to a jury trial right from the start might get you a better offer from the start….and it might not.

Telling the district attorney we’re going to take your case to trial after we win an important motion or do some other “case altering event” will probably get you a better offer.

Telling the district attorney we’re going to take your case to a trial after receiving some damaging evidence motion hearing or losing an Important motion hearing WILL NOT get you a better offer.

OR

Telling the judge you’ve moved out with your kids one night without letting you wife know, moved in with your girlfriend and told your kids to start calling her Mom right in the middle of the school year while yanking your kids out of their school and enrolling them in a new school 200 miles away WILL NOT win a lot of bonus points with the vast majority of judges.

Reading these examples without living them seem pretty straight forward.  However, you as our clients will be living in the situation.  Most if not all our clients do what they do for a reason.

For example, I had a client that was enjoying a football game and the multitude of beer that went along with it.  During the 3rd quarter, he received a phone call, got in his car, drove 150 miles and got a DUI.  Seems straight forward and somewhat stupid right?  What if I told you his daughter was in a terrible car accident and on life support in the emergency room?  You probably won’t read about that in the drunk driving police report.

Though the district attorney didn’t have a lot of sympathy, a jury sure did.

THE POINT:  KNOWING WHAT TO DO WITH THE FACTS OF THE CASE WILL MAKE THE DIFFERENCE EVERY TIME.

What can you guys do for me that I can’t do myself?

We know what to do with the facts of your case.  Did you know that the police officer has to have his emergency lights off when he gives you the HGN {or also known as the “stare at the pen”) according to the National Highway Safety Manual?  If the cop didn’t, we can file a motion to have the field sobriety test thrown out. If the field sobriety test is thrown out, the entire case may be dismissed as well (whether you were drunk or not).

“Technicalities” like these are why we get cases dismissed before jury trials.  The district attorney is not going to help you find them.  The district attorney IS NOT going to point out what a poor job the cops did unless he has to.

Why is our firm better than the other ones?

Most trial attorneys know or have some idea what do with the facts of a case and “technicalities” as I’ve previously mentioned.  Some attorneys are, of course, better than others.

But why us?

  • We don’t believe in paralegals and staff. Therefore, when you call your attorney, you will speak directly to your attorney.
  • When a motion is filed, your attorney researched and filed it. Your attorney is going to argue it so they should know it inside and out.  That’s what you are paying for.
  • When your ex or soon to be ex does something, your attorney needs to know, not some secretary. The secretary is not going to argue the case in court, the attorney is.
  • If you have any billing or legal service statement issues, Attorney Mark Mullen, President and founding member of the firm answers the phone….always. He does the books, issues the checks and makes the financial calls on your case. If you call the main number, it will be him you talk to, period.
  • We encourage payment plans. Most of our clients are not rich and therefore cannot put down the entire amount of the retainer at the time of hiring.

What kind of money am I going to have upfront to hire you guys?

If you have a job or a credit card, we ask for half of the quoted retainer.   When you’re serious and ready to proceed with your case, putting SOME money down lets us know you’re serious.  When your serious and ready to go, so we.