Child support: Even after separation, both spouses are responsible
for the financial support of their children. If there is no agreement on
the amount, a judge will determine it using a statutory mathematical formula
that is designed to be uniform and leave little to argue about. Child support
is calculated based on both parties' incomes, day care and health care costs,
and occasionally other expenses. Whatever is in the most recent court order
must be paid until the court makes a new order. Either parent can go to
court later on to ask the court to change the support amount, if they can
prove that circumstances have changed significantly. This is possible even
if the parties had a written agreement about child support!
Alimony (Spousal support): Especially in the
case of a long marriage, and/or when one spouse (generally the wife) has
made a career of the marriage as a homemaker, when one spouse is disabled
so that they cannot earn a living, and/or in cases of great disparities
in income, the court is likely to grant financial support to the spouse
in need. Courts may grant "pendente lite" alimony during divorce
litigation, and when decreeing a divorce they may grant "defined duration"
(temporary rehabilitative) alimony, or permanent alimony which lasts until
it is terminated by death, remarriage, or a court finding of cohabitation.
Some alimony is modifiable by a court later on, some is not.
Alimony is deductible from the gross income of the payor spouse and is included
in the gross income of the recipient spouse. Several rules govern how alimony
provisions of separation agreements and court orders must be written in
order for it to receive this tax treatment.
For more information go to Crouch & Crouch articles
about alimony.
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