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Alimony Attorney in Fayetteville, AR

 

There are so many misconceptions about alimony, aka spousal support, running rampant through the avenues of Arkansas. Yes, alimony does exist. No, it is not a given.

Alimony waters are deep. Hire an attorney who knows how to swim.

Alimony is based on a PROVEN NEED and a PROVEN ABILITY TO PAY. There is no scientific formula to calculate how much, if any, alimony a person might and get and, if so, for how long. This is a case-by-case situation.

Unfortunately, because this is one of this issues that is within the “Court’s discretion” it is very difficult to give a client an educated guess at their chances of paying alimony or getting alimony. In the same Courthouse in any given County, you will have a Judge who is known to be heavy handed with “long term alimony” and a Judge who is “rarely known, if ever, to give an award of alimony.

So much rides on the parties’ ACCURATE Affidavits of Financial Means. Research carefully and be ready to back up what your income or earning ability are and what your REASONABLE living expenses might be. Many attorneys have their clients inflate, based on our experience, their client’s reasonable living expenses, whether you are the potential payor or payee. The Court relies heavily on the accuracy of your numbers so be prepared to back them up with documentation or other trustworthy evidence. Go through your credit card receipts and bank records to see what you have spent on NECESSARY living expenses over a period of time. Work long and hard to make sure your Affidavit is accurate and trustworthy.

There are two types of alimony in Arkansas: rehabilitative alimony and long term alimony.

If you are a candidate for rehabilitative alimony you need to be prepared to present the Court with a plan for rehabilitating your income ability, the cost of this rehabilitation and the duration of same. If you have been married 40 years and your spouse has stayed home to raise the kids, helped put you through graduate school and ironed your underwear, you might pay alimony for a longer period of time. If your alimony is Court Ordered (Judge hears the evidence regarding need and ability to pay and renders a decision as to whether alimony will be paid and, if so, how much and how long) there are provisions that will terminate your alimony. See A.C.A. § 9-12-312 , which states, in pertinent part:

  • (a)
    • (1)  When a decree is entered, the court shall make an order concerning the care of the children, if there are any, and an order concerning alimony, if applicable, as are reasonable from the circumstances of the parties and the nature of the case.
    • (2)  Unless otherwise ordered by the court or agreed to by the parties, the liability for alimony shall automatically cease upon the earlier of:
      • (A)  The date of the remarriage of the person who was awarded the alimony;
      • (B)  The establishment of a relationship that produces a child or children and results in a court order directing another person to pay support to the recipient of alimony, which circumstances shall be considered the equivalent of remarriage;
      • (C)  The establishment of a relationship that produces a child or children and results in a court order directing the recipient of alimony to provide support of another person who is not a descendant by birth or adoption of the payer of the alimony, which circumstances shall be considered the equivalent of remarriage;
      • (D)  The living full time with another person in an intimate, cohabitating relationship;
      • (E)  The death of either party; or
      • (F)  Any other contingencies as set forth in the court order awarding alimony.

Alimony waters are deep. Make sure you hire an attorney who knows how to swim.

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Testimonials
  • "Kimberly made the experience of mediation much more comfortable than I had ever anticipated. I felt complete at ease being honest and speaking freely about all my concerns. She was very hepful in walking me through one of the most stressful parts of my life and I'm very thankful to her for her services." - A mediation client from September 2015

  • "Mediation with Kimberly was smooth. " - A mediation client from September 2015

  • "I recently mediated a domestic relations case with Kimberly Canova and Adell Ralston. I have utilized mediation in several of my cases over the years; however, this was my first experience with co-mediators. I found utilizing co-mediators to be very worthwhile. It saved time, was cost effective, and made my client more at ease. Often times in mediation, as was the case in this matter, the mediator opts to caucus the parties. In doing so, many times my client and I are left waiting on the mediator for hours to come back with information from the other side. With the two mediators, we were able to keep the dialogue going and brainstorm throughout the time we were there, which I felt assisted us in coming to an agreement in a more timely manner. I also believe my client felt “heard” the entire mediation, which made her feel she got more from the experience and her money was well spent. " - M. Kemper, Attorney at Law

Reviews and Ratings
  • lawyers
    5.0/5.0

    Kimberly is very professional and knows what she's doing! Our mediation involved my grand daughter and she was excellent in making sure what was best for her, We highly recommend her to anyone in need of mediation,

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    Client

  • lawyers
    5.0/5.0

    Very helpful and knowledgeable about family law. I would highly recommend her services.

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    Client

  • lawyers
    5.0/5.0

    She is a great lawyer, she takes charge and gets things done. She helped put me at ease with my situation and her confidence helped me have confidence in myself during this time. She listens and is very attentive.

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    Client

  • lawyers
    5.0/5.0

    Ms. Canova was my lawyer through my divorce and child custody battle. She is the main reason I was able to continue to have a relationship with my children and received joint custody. I had a very nasty divorce and her insight and legal knowledge h...

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    Client

  • lawyers
    5.0/5.0

    Kim's years of experience shine through. I felt well advocated for. The interests of our child and the family were taken care of with competence and professionalism.

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    Client

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