Alimony, Spousal and Child Support…Oh, My!
The end of a marriage is a difficult time for anyone, and the financial consequences of untangling two lives can make it even worse. Although each is unique, alimony, spousal support and child support are all similar in the sense that one spouse is making a payment for the benefit of someone else (the other spouse or the parties’ children).
In Pennsylvania, there are three types of spousal support/alimony, spousal support, alimony pendente lite and alimony. Depending on what stage of the divorce process you’re currently in will determine what type of support you may have a right to receive. (For more information click here.) When two people marry each other, they generally combine finances, enjoying a standard of life neither could achieve without the other. Even if both parties work fulltime, it is likely one spouse is a “dependent spouse,” meaning one spouse earns less than the other. The dependent spouse may receive spousal support or alimony pendente lite. As part of dividing the marital estate, a court may order one spouse to pay the dependent spouse alimony. Keep in mind that alimony is not guaranteed, as it is a secondary remedy for the Court to use if it is unable to equitably divide the marital estate. Think liquid assets versus non-liquid assets (i.e., something that can be sold for cash versus a retirement account that would incur a substantial penalty for an early withdrawal before a certain age).
Child support, on the other hand, is support for the benefit of minor children. The purpose of child support is to help ensure the children enjoy a standard of life like what they enjoyed before their parents’ separating or divorcing. If you, your children, and the other parent of your children do not live under the same roof, one parent may owe child support to the other.
The Domestic Relations section of your county’s Court of Common Pleas handles child support claims. When one parent files for child support, both parents provide income and expense information. The hearing officer then determines the adjusted net income of each parent and then uses those figures to calculate child support, applying statutory guidelines. We’ll take a closer look at the breakdown of the calculation in our next article.
There are two sides to each type of support: the spouse who is having to pay the support and the spouse who is relying on the support to make ends meet. Neither position is ideal. If you find yourself in a situation where you want to be sure the support calculations for your case are correct, give us a call. We’d love the opportunity to discuss the specifics of your case with you.
*Disclaimer: this article is for informational purposes only. It is not providing legal advice. It does not create an attorney-client relationship.