(Newswire.net — March 4, 2021) —
During a divorce, you will deal with many issues. Two of the most important will be child support and alimony, both of which will have a major impact on how you and your family move forward once the divorce is completed. During your divorce proceedings, it will be critical you keep these points of interest in mind, since you and your Columbus Ohio divorce attorney will need to ensure the final settlement will be to your benefit. To make sure all goes well, here are the facts you need to know about child support and alimony.
Alimony is Not Guaranteed
When many couples divorce, they assume the awarding of alimony by the court will be a given. However, this is not true. In fact, there is no guarantee the court will ultimately choose to award alimony to a spouse. Since this is determined on a case-to-case basis, you will need to show the court you require alimony payments from your spouse in order to maintain a reasonable standard of living. To do so, you should always have abundant evidence of your finances and other factors that will help determine if alimony will be granted.
Child Support Can be Negotiated
If you are a spouse who will be expected to pay child support, it is crucial you keep in mind that these payments can be negotiated between you and your soon-to-be ex-spouse. Whether through a separation agreement, prenuptial agreement, or during mediation sessions if these are used in place of your divorce case going to court, you and your Columbus Ohio divorce attorney can work together to formulate a plan that will not only be beneficial to your children, but also be reasonable for you to pay month after month.
Alimony Can be Awarded to Husbands
Though you may not have been aware of this, it is quite possible for alimony payments to be awarded to husbands during a divorce. In situations where a wife has been the primary income earner for the family, the court may choose to award the ex-husband alimony payments. However, if you want this to be part of your divorce settlement, you will need to have ample proof of your income situation, and be able to explain to the court why you will need alimony payments following your divorce.
Don’t Stop Making Child Support Payments
If you are the non-custodial parent and have been ordered by the court to make monthly child support payments, don’t decide to just stop making these payments. Even if you are angry at your ex-spouse and feel you are being treated unfairly in this area of your divorce, continue to make your regular payments. If you don’t, the legal consequences can be severe. In the most extreme cases, you could be jailed for failure to make these payments. Should you want to create a new arrangement for making these payments, you should discuss this with your ex-spouse and your attorney, then petition the court for a new hearing on the matter.
Alimony and Child Support are Not the Same
Contrary to what many couples believe when they are first beginning divorce proceedings, alimony and child support are not the same thing. Since alimony payments are designed for spousal support, they and child support payments are separate and should be treated accordingly. Whether your divorce is handled through mediation or in a courtroom, alimony and child support are determined by many different factors.
Child Support Can Last Past Age 18
If you have assumed child support payments end when your child turns 18, think again. In some situations, you may be expected to make child support payments well past your child’s 18th birthday. For example, if the child lives at home past age 18 and is dependent upon their parents for continuing care, such as if they are ill or have other disabilities, the court may order child support payments to continue. Also, if your child is a student, you may have to pay child support until they reach age 23. In some cases where a child has a severe illness or disability, the court can order these payments to be made indefinitely. Since this can have a tremendous impact on your finances post-divorce, work closely with an experienced Columbus Ohio divorce attorney to negotiate the best possible divorce settlement.
The Longer Your Marriage, The More You Pay
In most divorce cases where alimony payments are being asked for by a spouse, the length of your marriage will play a crucial role in determining not only if alimony payments will be awarded, but also how much those payments will come to each month. Generally, courts tend to award alimony payments when a couple has been married for at least 10 years, so keep this in mind.
Adoptive Parents Also Pay Child Support
If you entered into your marriage and later either adopted your spouse’s child or the two of you as a couple adopted a child, you will be obligated to pay child support after your divorce. While many people assume only biological parents can be ordered to pay child support, that is not the case. Once you legally become the parent to a child, you are then obligated to provide for them financially.
Alimony is Taxable
Whether you are making alimony payments or receiving them each month, always remember that the payments are considered to be taxable income. Thus, if you are making payments, deduct them on your tax return. If you are the spouse receiving such payments, always report the income when you file your taxes.
While you want to ensure your children are able to move forward with happy and productive lives following your divorce, it is also important to walk away from your marriage with the best possible divorce settlement. To do so, you should schedule a consultation with a skilled divorce attorney you can trust. By discussing your case in more detail, you can formulate a plan of action that will be fair and equitable to everyone.