There are many factors that affect the different types of payments one will have to make in a divorce agreement. Payments can be alimony, child support, or a combination of the two. While both are related to supporting a former spouse or child after a divorce, they serve different purposes and are governed by different laws. Understanding the key differences between alimony and child support is important to best support your dependents.
What is Alimony?
Alimony, also known as spousal support or maintenance, is a court-ordered payment made by one spouse to the other after a divorce or separation. The purpose of alimony is to provide financial support to the spouse who may not have the same earning capacity as the other spouse or may have given up their career to support the family.
The amount and duration of alimony vary depending on several factors, including the length of the marriage, the income and earning capacity of each spouse, and the standard of living during the marriage. In some cases, alimony may be awarded for a specific period, while in others, it may be awarded indefinitely. Although, alimony is not awarded in every divorce case. It is only awarded if one spouse can prove that they need financial support and the other spouse has the ability to pay.
What is Child Support?
Child support, on the other hand, is a court-ordered payment made by one parent to the other for supporting their child or children after a divorce or separation. The purpose of child support is to ensure that the child’s basic needs, such as food, clothing, and shelter, are met, and to maintain the child’s standard of living before the divorce. The amount of child support is determined based on the income of each parent, the number of children, and the custody arrangement.
Child support is typically paid until the child reaches the age of majority or graduates from high school, whichever occurs later. It is important to note that child support is the right of the child, not the parent. Therefore, even if the parent with custody of the child has a high income, the other parent may still be required to pay child support even if they have a lower income.
The key differences between alimony and child support are purpose, recipients, determining factors, and duration.
Purpose: Alimony is intended to provide financial support to a former spouse, while child support is intended to support the child’s basic needs.
Recipients: Alimony is paid to a former spouse, while child support is paid to the parent with custody of the child.
Determining Factors: The amount and duration of alimony are determined based on the income and earning capacity of each spouse, the length of the marriage, and the standard of living during the marriage. The amount of child support is determined based on the income of each parent, the number of children, and the custody arrangement.
Duration: Alimony may be awarded for a specific period or an indefinite period, while child support is typically paid until the child reaches the age of majority or graduates from high school.
In conclusion, alimony and child support serve different purposes and are governed by different laws. If you are going through a divorce or separation, it is important to consult with a family lawyer who can help you understand your rights and obligations regarding alimony and child support. To speak with a knowledgeable and compassionate family lawyer, call the Office of Joseph Cerino at (239) 561-2820.
