Income and earning capacity
Courts examine both actual income and earning capacity. This includes salary, business income, investments and the ability to earn in the future. Underreporting income or claiming reduced capacity requires credible evidence.
Standard of living
Maintenance should enable the dependent spouse or child to maintain a standard of living similar to that enjoyed during the marriage. This is a key factor in calculating fair maintenance.
- Standard of living includes housing, education, healthcare and lifestyle.
- Courts consider the marital lifestyle, not the payor's current situation.
- Significant changes in circumstances can justify modification.
Custody and responsibility
Child maintenance is typically higher than spousal maintenance. Courts consider who has custody, the child's education, health and special needs when calculating child maintenance.