If we have a child with Autism, will this increase my alimony?

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If we have a child with Autism, will this increase my alimony?

His needs affect my ability to continue my education and have a decent job and keep a job.

Asked on February 2, 2011 under Family Law, Connecticut

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all, while alimony is available to either, neither party is absolutely entitled to receive it.  An award of alimony is not to punish a guilty spouse but to continue a duty to support the other.  In CT the courts will make an award of alimony based upon the facts of each individual case (i.e. do not rely upon formulas).  The factors that a judge will consider are:

  • The length of the marriage,
  • The causes for the divorce, Age, health, occupation,
  • Amount/sources of income,
  • Vocational skills/employability,
  • Needs of the parties,
  • Property distribution, and
  • When children are involved, the desirability of the custodial parent's securing employment.

So yes, a court will consider your child's autism in deciding an alimony award.

Note: Your child's condition will also be considerd in making a determing the amount of child support as well.


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