This Is the Difference Between Alimony And Child Support
Are you trying to learn more about the difference between alimony and child support? If yes, you should check out our guide here.
If you're going through a divorce, or just researching for a potential future breakup, you might want to know how money is managed when it comes to family court.
Two of the primary methods of money exchange after a divorce are alimony and child support, but what's the difference between them?
If you are or were married with children, you might be on the hook for one, if not both, of these regular payments. Knowing the difference between alimony and child support will prepare you for those difficult money conversations when you're negotiating your divorce.
If you've heard these terms but you're not totally sure what they mean (and maybe you're afraid to ask) don't worry, you're in the right place.
Keep reading to learn about the differences between child support and alimony and how you might be responsible for them.
What is Alimony?
Alimony is otherwise known as spousal support. This means that it's money that you give to your former partner so that they're not financially ruined after your divorce.
If there was serious income or wealth inequality before or during the marriage, the partner with more income may be required to pay the partner with less income to whom custody will be awarded, until they're able to maintain a reasonable quality of life on their own.
This happens often in situations where one partner is the breadwinner and the other takes care of the home or children. The partner with less job experience is going to have a harder time finding work. They simply don't have as many resources and there will likely be a serious gap in their resume.
If both partners work enough to provide for themselves, it's less likely that anyone will have to pay alimony.
How Does It Work?
Alimony is typically temporary. You're not expected to pay for your partner for the rest of your life. Your former partner should be working on supporting themself and finding another source of income.
Alimony is meant to even the playing field after a divorce. Both partners should be experiencing a relatively similar standard of living. This standard might be lower due to both partners having less money to work with while trying to maintain 2 households. An expert in family law can help you understand how this works, and provide support with the process should you need it.
There are different types of alimony. Rarely, it might be permanent. More often though it's tied to a timeline or the other partner's economic health.
If it's tied to specific time periods, you may have a term alimony, where payments will stop after a certain length of time. Otherwise, you may have alimony that ends when certain conditions are met, like financial stability, or when the other partner is reimbursed for their time as support for the one paying out.
A judge will consider several factors when deciding alimony. They have to consider childcare responsibilities, the health of both parties, as well as employability. These will all factor into how alimony payments are handled.
If the party that is meant to pay alimony was abused by the party that is meant to receive it, the judge may reconsider. This is not, however, a given.
What is Child Support?
Child support is money that is paid to support any children from the marriage. This money is not intended to be used by the former partner for personal needs. It is only intended to support the needs and wellbeing of the child.
Child support can be complicated and there are many factors that go into it. It's best to work child support payments out with an experienced attorney, especially if the separation wasn't amicable.You should also bear in mind that in some states, like Colorado if you fail to pay child support under the terms of a judgment, a judge can find you in contempt of court, and can impose serious sanctions such as fines or even arrest and jail time. This is a highly serious matter, so you would be well advised to contact a denver child support lawyer or one nearer your location for advice and representation, especially if you are unable to afford to make child support payments that have been ordered by the court.
Sometimes, like with alimony, the state will consider the individual incomes of both parents when determining child support. If both parents are able to pay for the needs of themselves and the children, child support may not be ordered, or it may be lessened.
Custody, though, is the primary determining factor of child support.
How Does It Work?
During a divorce that involves young children, custody will be awarded to one or both parents.
If one parent has full custody of the children, it is almost definite that the other parent will have to pay child support. They are responsible for the children but don't put any work or time into their care.
If one parent has primary custody with the other parent getting visitation or short durations of childcare, it's still likely that the parent with significantly less custody time will have to pay child support.
Ideally, parents have joint custody, meaning that both parents are working together to raise the children even though they are no longer together. If the joint custody is uneven, the parent with less time will generally pay the child support.
If joint custody is equal, more factors come into play.
The idea of child support is to give the children an equal life regardless of what house they are living in at the time. If one parent has or makes significantly more money, they will typically pay some child support to the other to even out conditions for the children.
If both parents are equal on every front, it's possible that no child support will be given.
The child support age limit varies by state, but the paying parent will typically pay support until the child is of age.
So What's the Difference Between Alimony and Child Support?
This is easiest to understand if you're thinking of alimony as "spousal support". Alimony is there to support the former spouse while they get back on their feet after the dissolution of a marriage.
Child support is there to support the children. It's not for the custodial parent. However, if you still have any doubts regarding these issues visit this website and get answers to all your queries. Since this is a complicated issue, make sure you always have an expert by your side.
While both factor in income and personal wealth, they serve different purposes.
Costs After Divorce: Alimony vs Child Support
After a divorce, provided everything ended well, the partner with more money should want to support their children. They may be less likely to want to support their former spouse, but that payment is (usually) temporary.
These costs aren't there to punish people who break up. They're there to make sure that no one ends up with a lower quality of life than they deserve.
When it comes down to it, the difference between alimony and child support is only who the support is going towards.
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