If the parties cannot agree, the Court will utilize the Virginia Support Guidelines for child support and the applicable County guidelines for alimony [spousal support]. However there could be a substantial variation based on "other factors" the Court may be asked to consider by either party.

The obligation of spouses to support each other does not necessarily terminate when they divorce. If the divorce will leave one spouse with very little income and the other with enough to contribute to the low-income spouse's support, the court will usually award alimony, at least temporarily. Although historically spousal maintenance was typically awarded to homemaker wives, to be paid by breadwinning husbands, that is no longer always the case.

The award of alimony, also called “spousal support,” is determined in the court’s discretion taking into account certain specifically enumerated factors set forth in Chapter 61, Florida Statutes.

Yes. Although non-payment of child support has received more attention from the courts and media, the procedures for collecting past-due alimony—and the hardships caused by non-payment—are very similar. We also collect other Family Law related debts such as Property Divisions and Attorney Fee Orders. Divorce judgments usually require child support to be paid as long as the child is a minor and not married or emancipated.

The Court prefers rehabilitative alimony (for fixed amount of time) rather than permanent alimony. The purpose of alimony is to make a person self-supporting, even if it results in a reduced standard of living. The Judge has considerable discretion in the amount and length of the award.

In both the case of married and un-married relationships, parties can apply to court for the other party to pay them child support for the benefit of their children. Children can include not just a persons biological children, but children who are the other party's children from a prior relationship.

In New Jersey, spousal support is not something that can be "calculated." There is no worksheet similar to the Child Support Guidelines. And, every divorce does not involve spousal support. First, there has to be a need for support, and, second, there has to be a request for support. Some people who need help just don't want any help - they want to make it on their own. And, if spousal support is provided, it might not be paid forever. There are many kinds of support.

In New Jersey, there is not a single way of computing spousal support. There is no worksheet similar to the Child Support Guidelines. And, every divorce does not involve spousal support. First, you must show a need or reason for support, and, second, you must request the support. Some people who need help just don't want any help - they want to make it on their own. And, if spousal support is provided, it might not be paid forever. There are many kinds of support.

There is no precise statutory guidance for spousal support as there is for child support. The court considers the relative earning capacity of each spouse, the possibility of education or training to increase the earning capacity of a spouse, whether a spouse has been out of the work force for a long time, and other factors.

Colorado law provides for temporary maintenance after the parties physically separate. In that instance, the law sets forth a formula to determine the amount. However, for the final orders, there are no hard and fast rules about maintenance. The Court must, however, consider the following: the time necessary to acquire sufficient education or training to become self-supporting by the spouse seeking maintenance

quot;Alimony" (sometimes called "spousal support") is money paid by one spouse to the other due to the payee spouse's loss of the benefit of the payor spouse's income due to the divorce. Alimony may be awarded to either spouse for their support after the divorce. Alimony payments are designed to help with financial obligations of the receiving spouse and to maintain a similar lifestyle.

Although filing bankruptcy stops, or "stays," all efforts to collect debts, the Bankruptcy Code excludes actions to collect child support or spousal maintenance from the stay unless the creditor attempts to collect from the "property of the estate." In a Chapter 7 proceeding, "property of the estate" includes all possessions, money, and interests the debtor owns at the time he or she files.

Child support payments are neither deductible nor income to the recipient. Alimony payments can be structured by the parties to produce either of two tax results: In settling a divorce, the parties frequently plan on whichever tax result works out best. If the payments are not structured to comply with the rules, the general rule is that alimony payments are income to the recipient and deductible by the payer.

Alimony is taxable to the recipient and deductible for the payor, unless the support Order states otherwise. The payment of child support has no tax effect. In most matrimonial cases involving minor children, where the spouses earn unequal incomes, both alimony and child support are likely to be ordered.

Yes. Alimony is support for you, and child support is for the benefit of the child(ren). The court can order a combined lump sum that your spouse must pay, or the court can designate that a certain amount is paid as child support and a certain amount is paid as alimony. If you request alimony and child support, the court must calculate the alimony award first. The alimony award will be factored into the child support worksheet and could impact the size of the child support award.

The court will examine a vast number of factors, including who the children are living with at the time the custody determination is made, the children's historical relationship with each of the parents, and each of the parents' ability to care for the children.

Yes. Virginia permits pendente lite spousal support to be awarded. Pendente lite spousal support is a temporary support amount which will be effective until a final disposition in the case. The parties can jointly agree to an appropriate amount, or the court can make that determination based on the respective incomes of the parties.