Alimony / Child Support

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Alimony and Child Support Attorneys

Alimony and child support attorneys are here to help you experience a far less stressful process when dealing with alimony and child support. If you and your ex are having difficulties coming to agreements, need help filing documents, or just do not know where to get started in the process, an attorney can assist you.

Alimony and child support agreements can quickly become complicated, so it is heavily advised to seek legal support in cases where support payments are being made between parties. Alimony is paid for the benefit of the receiving spouse, while child support is for the benefit of their child.

What is Alimony?

Alimony is support paid by one spouse to the other when they can not yet provide for themselves after the separation. When dealing with alimony, there are two factors to remember first. One side must have an actual genuine need for the support and the other side must be actually able to afford these payments. There are multiple types of spousal support that may benefit you and ex:

Temporary Alimony - This type of alimony is awarded during the time period where the divorce proceedings are still pending. This becomes essential due to the excessive amount of time it can take until the final alimony decision is actually made.

Rehabilitative Alimony - This is awarded for a short period to allow the receiving spouse the time to become financially adjusted to the change and to become fully financially independent.

Permanent Alimony - Paid until either the death of the provider or the remarriage of the receiving spouse. Generally, when awarded permanent alimony the agreement or court order include standard termination clauses that will end the alimony payments if:

  • Parties continue marriage
  • Recipient lives with another adult
  • Recipient remarries
  • Either person dies
  • A standard expiration date is reached.
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Calculating Alimony Payments

When determining the amount and duration of alimony payments, it is important to remember that all states have different laws regarding alimony. It can be beneficial to seek legal support if you are unsure of the laws in your state or you would like help finding the closest estimate of expected alimony. Some factors that go into the court determining the amount and duration of alimony payments include:

  • Both the age and health of each party
  • Length of marriage
  • Needs of each party based upon the lifestyle being lived.
  • Hardships that each party is experiencing
  • Value of property that either party owns
  • Assets and debts received by both parties
  • Ability of the providing party to pay alimony
  • Impact on each party’s tax status
  • Any possible presence of domestic violence

Child Support and Enforcement

Child support is payments being made for the child by the supporting parent to the other. Having an attorney on your side experienced in child support who will assist you in making the best decisions for your family, can take away the stress that comes with handling child support payments.

An attorney can be very beneficial in cases where the supporting parent is not paying or refusing to pay the ordered child support by making you aware of your choices when it comes to enforcement actions. For example, one of the most common tools for collecting involuntary child support payment is a called wage assessment order. This is an order of the court that directs the employer to deduct the child support payment from the employee/parent’s earnings. This payment is sent directly to the other parent. There are other actions that can be taken when child support is not being paid such as property, automobiles or investments being taken away from supporting parent and given to the other. As well as that, interest can build up on outstanding child support orders.

Calculating Child Support Payments

The amount and duration of child support payments will always depend on the finalized custody agreement and upon laws of the state you live. For example, many states may not order child support when both of the parents are sharing custody equally and making around the same amount of income. Some factors that go into a court determining the amount and duration of child support include:

  • Income of both parents
  • Number of children
  • Childcare costs
  • Parenting time allocation
  • If any, spousal support.
Alimony and Child Support Frequently Asked Questions (FAQ)
What if the supporting parent has their hours cut or loses their job and cannot make child support payments?
In the case that you already have a court order requiring you make child support payments you will need to a motion for modification of child support. Child support will generally go down after this. However, it can take months before your hearing, so it is crucial to file Motion of Child Support as soon as possible upon receiving news that your hours are reduced, or you have lost your job.
Can both parents agree that no child support is needed?
It is likely that a court will approve of the agreement of neither party paying child support if the parents are able to prove that they both can finically support their child. Attorneys can assist you in providing all necessary documents and information needed for the parties to come to these types of agreements and convince the court to see it this way as well.
Am I able to keep my spouse from seeing my child if they are failing to make child support payments?
It is understandable to grow angry when dealing with a parent who is not paying their child support. However, when coming across issues involving child support you do not want to attempt in taking matters in your own hands and violate court orders. Child custody and child support are seen as completely different matters in the eyes of the court which means changes in custody are not a direct consequence of failure in paying child support. Keeping your children from their other parent can result in consequences such as losing court’s favor, court holding you contempt and even sending you to jail. If your ex is not making their child support payments it will be in your best interest to go directly to the court or through an attorney to help you begin the process of enforcement action. Never handle this situation alone.
Can I receive lifetime Alimony?
Yes, this type of spousal support is referred to as permanent alimony. This means that this agreement is made until the spouse being supported dies or remarries. This type of spousal support is no longer an option in many states now that it is far more common for women to receive an education and support themselves as time evolves. This alimony type was created originally for spouse’s that stayed home to care for their children while the other provided for the family. Permanent alimony is still available in the states Florida, Connecticut, Oregon, Vermont, North Carolina, New Jersey, and West Virginia.
How do I open a child support case?
To get the process started, you can call the Family Support Division in your county an inquire about having an application sent to you. You can stop by their office to pick up an application as well. If you feel as though your case could become more complicated or still have a lot of questions regarding child support, it may be beneficial to contact an attorney to guide you through the child support process.

Alimony Attorney

Attorneys experienced in alimony can represent you in court and negotiate support amount and duration. Additionally, they can guide you through a lawsuit if your ex is refusing to pay the agreed amount. Attorneys will be able to answer any questions you have or calculate an estimated amount of alimony involved based on your case.

It is important to set up a consultation with an experienced attorney and tell them all crucial details of your situation for them to best assist you in this process. Attorneys will be able to assist you through all issues you experience when handling spousal support.

Child Support Attorney

Attorneys experienced in child support will be able to guide you through the entire process and handle the stress of making sure child support gets paid. They can represent you in court and negotiate agreements involving child support that can best benefit your family. Attorneys will be able to determine the financial information you need to accurately calculate a child support obligation for the other parent.

Having an experienced child support attorney can also take away the fear of lacking payment from the other partner. In the case where you may be having issues getting your ex to make child support payments, an attorney can provide assistance by tracking down your ex, serving them with legal notices of child support, documenting all income your ex is currently receiving and getting started with requesting enforcement actions. Child support can quickly become a complicated process, it is great to have legal support on your side to fight for your best interests and answer any questions you have along the way.

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