The most contested issue in many cases is support, whether it is child support or spousal support.
Spousal Support, also called alimony, is money paid either periodically, usually monthly, or in a lump sum from one spouse to the other. There are certain guidelines that are controlling in certain courts, but not in others. The primary standard is the payor’s ability to pay balanced against the recipient’s need. This determination requires in depth review of your financials, as well as your spouse’s financials. Your monthly income and bills have to be analyzed.
Child support is money paid monthly by a non-custodial parent to the custodial parent. The presumptive amount is based on both parents’ incomes plugged into a mathematical formula. There can be deviations from this number, but there must be significant evidence to support what is known as a “deviation.” Buying things, such as clothes or school supplies, does not count as support in most cases and an agreement between parents contrary to an order is not enforceable. Be very careful if you try to change support without a child support attorney assisting you.
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