Wisconsin is one of the states that does not have a set formula for determining alimony in divorce proceedings.
A new report says that without that predictability, some people might not get a fair shot.
Custody X Change, an online company that helps families navigate divorce, releases a new analysis of child support laws across the country.
The company's managing editor, Shea Drefs, said only about a third of states have a formula on the books.
The remaining states, including Wisconsin, essentially allow judges to approve an amount without a guideline.
Settlement agreements are often made in advance, but Drefs said that is not always the case.
“If you can't reach an agreement, because a lot of people who get divorced don't have very good terms,” Drefs said, “and they go to a judge and say, 'Okay, you decide what the alimony should be. ' .' When you go in there you have no idea what to expect.
Drefs said this can be particularly problematic for those who cannot afford an attorney to guide them through the negotiations.
The report also notes that of the states that have a formula, only 10 have guidelines for how long the payments should continue.
The authors recommend implementing policies in states where none exist and for ongoing evaluation of existing formulas.
Drefs said in cases where someone is unable to enforce fair terms, be it the person receiving the payments or the other half who is responsible for them, it can have a lasting impact.
“Poor alimony arrangements can have an impact on all ex-spouses,” Drefs said, “on their children – and it can have far-reaching effects.”
This may include housing instability or other forms of financial difficulty.
Drefs said that while existing guidelines can help a judge make a decision, there is still flexibility to consider traditional factors such as the income levels of both spouses, their age and the length of the marriage.
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