P. A. Davis Law Office, LLC

Spousal Support and Child support: What you Need to Know

sole custody in maryland

 Understanding Spousal and Child Support: A Guide for Divorcing Couples

Spousal support, also known as alimony or maintenance, and child support are two types of financial payments that may be ordered as part of a divorce settlement. While they serve different purposes, spousal support and child support can often be interconnected, and it's important to understand how the two types of support can be coordinated and balanced. This article will explore the relationship between spousal and child support, including how the two types of support can be integrated into a comprehensive divorce settlement.

First, let's define spousal support and child support. Spousal support, also known as alimony or maintenance, is a financial payment from one spouse to the other following a divorce. It is intended to provide financial support and help the receiving spouse maintain a similar standard of living to what they had during the marriage. Child support, on the other hand, is a financial payment made by one parent to the other to help cover the costs of raising and caring for their shared children. Spousal and child support are typically ordered by a court as part of a divorce settlement and are based on each party's financial needs and resources.

While spousal and child support serve different purposes, they can often be interconnected. For example, if one spouse is ordered to pay both spousal support and child support, they may need to consider how the two payments will impact their overall financial situation. Similarly, if the receiving spouse is receiving both spousal support and child support, they may need to consider how the two payments will be used to meet their financial needs.

There are a few key ways that spousal support and child support can be coordinated and balanced in a divorce settlement. First, it's important to understand that child support payments are typically given priority over spousal support payments. If the paying spouse knows he or she will struggle to make both child support and spousal support payments, they may need to prioritize child support payments and make arrangements with the receiving spouse to make up any missed payments later. However, it is important to know that a divorce settlement is made part of the court’s divorce order. So, the paying spouse is legally bound to what the court ordered and the receiving spouse may bring a contempt action against them if they miss payments because they have violated the order.  

Another way to coordinate and balance spousal support and child support is to consider the overall financial needs of both parties. For example, suppose the receiving spouse has a higher income and greater financial resources. In that case, they could contribute more towards the cost of raising and caring for the children, potentially reducing the amount of child support that is paid. On the other hand, if the paying spouse has a higher income and greater financial resources, they may be able to pay more in both spousal support and child support to help meet the financial needs of the receiving spouse and the children.

It's also worth noting that spousal and child support may be modified over time. Suppose there is a significant change in the financial situation of either party. In that case, it may be necessary to revisit the spousal and child support orders and ask the court to make adjustments. For example, suppose the receiving spouse experiences a significant increase in income. In that case, they may be able to contribute more towards the cost of raising the children, potentially reducing the amount of child support that the paying spouse is ordered to pay. Similarly, if the paying spouse experiences a significant decrease in income, they may ask the court to reduce both spousal and child support payments.

Spousal and child support are two types of financial payments that may be part of a divorce settlement. While they serve different purposes, they can often be interconnected, and it's important to understand how the two types of support can be coordinated and balanced. By considering the overall financial needs and resources of both parties, and being open to modifying the orders as needed, it is possible to reach a comprehensive and fair divorce settlement that considers both spousal support and child support at the time of the divorce and after.
Share by: