How Long to Get and Claim Spousal, Child Support

Spousal support and alimony are synonymous terms. While each term is similar, spousal support is more gender neutral and envisions a more equal approach to evaluating earning capacity. In addition, the terms “spousal support” and “alimony” presuppose a non-permanent payment situation. Both are applicable to the same circumstances. Read on to learn more about how spousal supports work and how they can benefit you and your family.

Spousal Support

In order to determine how much maintenance each party is required to pay, the court will consider many factors, including the ability to pay, the amount of savings each party has, the standard of living in each party’s area, and the ages and health of each party. Other factors include whether there are minor children, the number of children, the parent’s education level, and other aspects of the parties’ lives. In addition, spousal support is not tied to the ability of the payor to work or remarry.

The spouse who is paying maintenance should act in good faith. The court will look at how the income producing capacity of each spouse has changed. A high-income husband in Colorado who quit his job to grow mushrooms, for example, can petition the court to award him or her lower or higher alimony payments. As long as the parties can demonstrate a financial hardship, a judge will grant spousal support. The award may be reduced or even eliminated entirely.

A divorce decree may not specify a specific termination date for spousal support, so the award will continue until a court order it to terminate. However, the recipient must show that they can support themselves without help. This is especially important when the payer’s income is significantly less than the recipient’s income. This means that the payments must be continued even if the payer dies. If the payer dies, the court may order additional support from the payer’s estate or life insurance proceeds.

In addition to alimony, there are other types of spousal support. Temporary alimony is awarded during the divorce process and may only be temporary. Rehabilitational spousal support is another form of temporary alimony that is granted for a limited time. It is awarded in cases where the recipient’s income is significantly lower than the other spouse’s. The purpose of rehabilitation spousal support is to help the lower-earning spouse remain in school and become financially independent.

In cases where a spouse’s income is lower than the other’s, the court may limit the amount of spousal support a partner receives. North Carolina and Georgia have strict limits on alimony. Both states limit spousal support if the recipient was the cause of the breakup. Some states, such as New York, consider marital misconduct as grounds for reducing alimony. While most states do not consider fault when awarding spousal support, these are examples of situations where a party may deviate from the guidelines.

Child Custody and Visitation Rights – Part II

Child CustodyWith all the time and money poured into implementing laws designed to benefit children, a certain amount of discretion should be allowed when it comes to deciding which parent will have custody of your child. Unfortunately, too often the decision about who gets custody is made solely on the basis of whether or not their preferred placement is beneficial to the child. This often means that one parent is more favored than the other. In this instance, the judge will use his or her discretion and make an unbiased decision that benefits the child in the long run.

 

While it doesn’t mandate that state courts to award fifty-fifty joint custody time, it does mean that equal custody be awarded as much as possible. Simply put, fifty-fifty joint child custody arrangement is certainly not assured. The courts make all custody-related determinations with the child’s welfare in mind.

 

There are certain instances where joint physical custody is preferred over sole custody. For example, if both parents live in a state that has no spousal support law, then joint physical custody is the most common arrangement. This is especially true for cases involving young children or those who have some form of special needs. In addition, when a parent has been unemployed for a substantial amount of time, or when that parent is fearful of the non-custodial parent causing harm to the child during visitation, then joint physical custody is frequently awarded.

 

When a parent has been awarded sole custody, there are certain rules and procedures that must be followed. Those rules and procedures must be followed in the event of a dispute over the custody of the children. Generally, the best interest of the child or children is the most important factor that courts use in deciding who will be the primary caregiver. Missouri law allows judges to listen to and consider the opinions of other people, including members of the opposite sex, about which parent is more fit to care for the children. If it is determined that the primary caregiver is harmful to the children, then the judge may award visitation rights to the other parent.

 

As stated above, one of the most important factors used by courts in deciding which custody dispute is in the best interests of the child is whether or not the child is living in the same household as the non-custodial parent. There are times when this is the only factor that is used in the determination. Again, when one of the parents is unemployed or has a court order to spend time with the children, then the primary caregiver may not be able to visit often enough to ensure the child has a positive connection with both parents. If this is a concern for you and your partner, you should certainly discuss your options with an experienced St. Louis family law attorney. Check out https://www.stlouisdivorcelawyers.net/child-custody/ to find the right lawyer for your case.

In the majority of cases, children do best when their parents work together to create a custody and visitation schedule that benefits them. Even if you and your spouse can’t agree on a schedule or on who will be the primary caregiver, mediation can often help solve these problems. Hopefully, if you’re going through a divorce, you and your partner will be able to work out an amicable arrangement that benefits your children.