teens with legal issues

If you recently went through a divorce or are planning to go through one, then you will likely need to deal with alimony and/or child support in the near future. To help you get a better understanding of how these legal mechanisms work and why they exist, here is an overview:   

What is child support?

When one parent has custody of the child and the other does not, then the non-custodial parent usually has to pay a monthly stipend to the custodial parent. Ostensibly, this money goes towards the raising of the child in question. If you suspect or find that the custodial parent is misusing your child support funds, then you can take them to court over the matter.

In cases where custody is shared (such as in joint custody), there may still be some child support ordered by the court, to be given by the parent with higher income to the other parent. Child support is often established during the divorce process or at other legal proceedings where the custody of the child is determined. 

What is alimony?

Unlike child support, alimony is paid from one spouse directly to another, without any such requirements regarding its usage. To that end, alimony is treated as a tax deduction, which means that the giver of alimony may deduct the alimony amount from their gross income for tax purposes.

There are actually 4 different types of alimony that you might encounter:

• Temporary - This type of alimony is commonly awarded prior to a divorce. Temporary alimony is given in the interim between a separation and the finalization of a divorce.
• Rehabilitative - The idea behind rehabilitative alimony is that one spouse needs some time and money to achieve financial independence after a separation. Therefore, that party is given alimony by the other for a short period of time after the separation in order to reach that independence. The exact length and size of rehabilitative alimony is often determined on a case-by-case basis.
• Reimbursement - If one party feels that the other party owes them some large sum of money, and the court agrees, then reimbursement alimony might be awarded. Some examples include one spouse paying for the other's education, a home, a car, or any other such large expenditure.
• Permanent - In some cases, permanent alimony is awarded, which usually lasts until one of the parties dies or the receiver remarries.

For further assistance, contact a local family law attorney, such as one from GSJones Law Group, P.S.