FAQ: Financial Matters In Hawaii Family Law

Questions and concerns about financial matters are common when relationships end.

The Honolulu attorneys with Coates Frey & Hackett, AAL LLLC, can help. We serve Hawaii families, protecting their legal and financial interests amid significant changes in the family structure. Sound information can make a difference in obtaining a favorable outcome.

Answers To Your Concerns And Questions

Below, we answer some common questions about alimony, child support and property division:

How is alimony calculated, and can it be permanent in Hawaii?

Alimony (spousal support) is determined on a case-by-case basis. Courts consider several factors, such as:

• Marriage length
• Individual financial condition
• Earning capacity
• Age and health
• Marital standard of living

Permanent alimony may be awarded in long-term marriages or when one spouse is unable to achieve self-sufficiency. Temporary or rehabilitative alimony is more common, designed to support a spouse while they gain education or training for employment.

What formula is used for child support calculations, and how is it enforced locally?

Hawaii uses the Income Shares Model for calculations, dividing the estimated cost of raising a child proportionally based on each parent’s income. Courts also consider health care, child care and education expenses. The Child Support Enforcement Agency (CSEA) oversees support matters and may use wage garnishments, tax refund interceptions, or license suspensions to collect unpaid support.

Is Hawaii a community property state, and how does that impact divorce settlements?

No, Hawaii follows an equitable distribution model for dividing marital property. This approach aims for fairness rather than a strict 50/50 split. Courts consider factors like the marriage’s duration, contributions of each spouse and financial circumstances to determine a fair division of assets.

Can child support or alimony be modified if financial circumstances change?

Yes, changes in financial circumstances, such as job loss or health issues, may warrant modifications to child support or alimony. Either party can petition the court to review and adjust the payment terms based on the new situation.

How are retirement accounts and pensions divided during a Hawaii divorce?

Retirement accounts and pensions earned during the marriage are marital property and are divided equitably. A Qualified Domestic Relations Order (QDRO) may be necessary to divide them without tax penalties.

Contact Us For Guidance

If you have additional questions or unique concerns, contact our experienced Honolulu family law attorneys. Call us at 808-379-3538 or use our online contact form to schedule an initial consultation.