Child Support –

In addition to, or as part of, the alimony payment, the court will order child support, if there are minor children or children dependent upon the parties for support. An order of support might be modified by the court upon a change in circumstances, such as increased earnings or increased needs. The child support usually must be paid until the child attains age eighteen, unless the child sooner becomes emancipated by marrying, becoming self-supporting or entering into the military service.

Spousal Support (Alimony) –

Spousal Support, commonly referred to as Alimony, is monetary support paid monthly by one spouse for the benefit of the other spouse. The court has broad discretion to award any amount of money that is necessary for the support of the recipient spouse as long as the court’s decision is based on the facts and the circumstances existing at the time the award is granted. It can be awarded to either the husband or the wife depending on certain factors discussed below. At the same time, it is not mandatory that the court award any money to a spouse.

There are varying types of spousal support ranging from temporary to permanent.

Temporary Spousal Support: Temporary Spousal Support is support awarded to either the husband or the wife prior to the dissolution of marriage (divorce). This type of support is given to ensure that one spouse is provided for financially before and during the dissolution proceedings.

Permanent Spousal Support: The court must consider certain factors in making its determination of spousal support:

• Extent of earning capacity of each party
• The supported spouse’s marketable skills
• Extent of supported spouse’s present or future earning capacity that has been diminished by the time devoted to domestic responsibilities
• Extent of supported spouse’s contribution to the supporting spouse’s education, training, and career development.
• The supporting spouse’s ability to pay
• Standard of living during the marriage
• Debts and assets of each party
• Duration of the marriage
• Ability of the supporting spouse’s to obtain employment without adversely affecting the interests of children in her/his custody
• The spouses age and health
• Documented evidence of domestic violence.
• Tax consequences
• Balance of hardships of both spouses
• Criminal conviction of a spouse shall be used to reduce or eliminate spousal support.
• Any other just and equitable considerations

Contact us to discuss your child support and/or spousal support matter.