Child support payments can be required when two parents divorce. The parent who is awarded majority custody, the custodial parent, will begin to receive monthly financial support from the noncustodial parent to help fund the child’s expenses. Alimony is spousal support designed to increase a lower-earning spouse’s income. While they are two separate legal issues, depending on the unique circumstances of the family one may occasionally impact the other. For more information on how child support may impact alimony and to acquire skilled legal representation during your divorce, contact a Union County alimony attorney.
What is Alimony?
Alimony is a higher-earning spouse’s legal obligation to financially support their former spouse after a divorce. Alimony payments typically come in the form of monthly money transfers and are calculated based on the income and earning potential of each spouse.
Alimony is not guaranteed during every marriage, it is on an as-needed basis. Courts will take into account the following factors when determining how much money to award in alimony.
- How long the marriage lasted
- The income of each spouse
- The earning capacity of each spouse
- The financial needs of each spouse
- The age and health of each spouse
- The lifestyle the spouses lived during the marriage
- If one spouse delayed education for the marriage
- If one spouse gave up working to raise children or take care of the household
- If one spouse wasted or used up marital assets
Whether or not the couple has children together can also impact alimony. The new parental responsibilities and roles they take on during and after the divorce can potentially impact the amount of alimony that is determined by the court.
How Can Child Support Affect Alimony Payments?
Child support and alimony are two separate financial obligations. Child support is a monthly payment that a noncustodial parent makes to a custodial parent. Child support is designed solely to fund expenses for the child like making sure they have a roof over their head, food on the table, clothes to wear, etc. This differs from alimony which is additional income for a lower-earning spouse. While they are different, spouses who share children can sometimes have alimony impacted.
If the earning capacity of the custodial parent is affected by the new custody arrangements alimony can be impacted. Depending on the amount of children the couple share and their ages the custodial parent may not be able to work full time while taking care of the kids. The parent’s new role is serving as a handicap in their ability to earn income.
The child or children may also have special needs whether they be educational, social, or medical. If the custodial parent is unable to financially support these needs it should be addressed during child support negotiations. However, there may be overlap with alimony and in some instances, alimony may be increased to add to the custodial parent’s income.
